IP Australia can search registered and pending Trade Marks for you for a small fee. To apply for a search you can access an application form from IP Australia.
You can conduct a search of the trade mark database yourself at no cost, just ring the IP Australia office on 1300 651 010 during office hours. Or you can use the services of a professional trade mark search agency. IP Australia is a Commonwealth Government agency which administers the Trade Marks Act.
A trade mark is a letter, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or combination of these. It identifies a product or a service of a business and distinguishes it from similar products or services of other businesses in similar areas of business.
Registration of a trade mark gives the owner the legal right to exclusively use or control the use of the mark within the class in which it is registered. It does not give the proprietor any right to carry on a business under this name. If the mark is being used for this purpose it must be registered as a business name. An application to register the name as a business name is subject to a names determination test.
If a trade mark is advertised qualified by an address in South Australia but does not identify the business carrying on the business, it may be deemed that business is being conducted under that trade mark therefore the trade mark may be required to be registered as a business name.
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
Webmaster
If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html