Specialist skills are involved in formulating search strategies, and it is therefore advisable to have searches conducted by a firm of patent attorneys. In selecting possible trade marks, well known trade marks should be avoided even if the reputation of those trade marks is confined to particular goods or services which are unrelated to the goods or services of interest. Trade marks which are known or suspected to be used by other traders in relation to the goods or services of interest should also be avoided, even if nothing relevant is located in a trade mark search. If a trade mark appears to be available for use and registrable following a search, it is advisable to apply for registration as soon as possible, because an application establishes entitlement to claim proprietorship of the trade mark in Australia. The manner in which the trade mark is used, particularly if the trade mark is to be used by a licensee, should be controlled carefully so that it is always used as a trade mark showing the trade origin of the goods.
Most overseas countries allow for the registration of trade marks.
In many countries, the first person to apply for registration of a particular trade mark becomes the proprietor of that trade mark. It is therefore most important that trade mark searches be conducted and applications for registration be considered prior to commencing use of a particular trade mark in any country. There are extra charges for oversize trade marks. If, on examination of an application, objections are raised by the examiner, additional costs are incurred in responding to the examiner. All cost estimates are inclusive of Government fees and attorney charges, and are current at 1 August 1997.