A trade mark is a letter, word, phrase, sound, smell, colour, shape, logo, picture, aspect of packaging, or any combination of these. It identifies a product or a service of a business and distinguishes it from similar products and services. As the owner of a trade mark you have exclusive legal rights throughout the whole of Australia to control the use of your trade mark for goods or services for which it is registered. Trade marks can operate without formal registration, however registration entitles the owner of the trade mark to take infringement action against any misuse of the trade mark. You can also visit your nearest IP Australia Office and conduct a search of the database yourself, at no cost.
Professional searches are also available from legal practitioners and search firms.