Useful information about trade mark basics and Australian Trade Mark Search.

Quick Search is the default home page of the Australian Trade Mark Search, unless you set Advanced Search as your home page in User Preferences.

Quick Search is a single search bar that searches across:

• trade mark words ('Word Phrase' not the indexing constituents)
• owner names
• trade mark numbers
• International Registration numbers

Quick Search allows you to upload an image for an image comparison search.

Points to remember about Quick Search:

• Professional features such as keeping a record of the searches you are running, adding trade marks to a list, generating detailed reports, customising the screen and saving searches are NOT available in Quick Search.
• If you run a search using Quick Search, it is not possible to “convert” it to an Advanced Search.

Quick Search for words of a trade mark

To search for words in trade marks, type the relevant words into the search box. The search will find singular, regular plural and possessive endings for the words you have searched.

Here are some examples of searches and the types of results you would expect to find:

Results will also include trade marks with the words searched for in the owner’s name. For more information about searching for trade marks owned by a particular person/entity, see below.

Quick Searching for the image elements of a trade mark

To search for trade marks with image elements, upload an image. The search will return results based on the visual similarity of the images.

An effective trade mark search should identify trade marks that are similar to your own, not just identical matches.

For more comprehensive image searching using the standard list of image constituent terms, proceed to the Advanced search view.

Quick Search for both words and image elements of a trade mark together

The system will allow you to upload an image and search using words at the same time.

Quick Search for trade marks owned by a particular person/entity

Searching for words will return results that contain those words in the trade mark, or with those words in the owner’s name.

Here are some examples of searches and the types of results you would expect to find when searching for trade marks owned by a particular person or entity:

Quick Search for a trade mark by number or range of numbers

If you already know the numbers of trade marks you want to find, you can search for those directly:

Advanced Word search by indexing constituent

Word indexing constituents (the individual word components) of a trade mark are entered on IP Australia’s systems soon after an application is filed.

For example, the trade mark with the word phrase Say Hello would be indexed as HELLO and SAY.

The Word field searches across those word indexing constituents, not the trade mark phrase.

The Word field also searches across transliteration indexing constituents. Currently only Chinese characters are indexed with transliteration constituents. There are options to search across transliterations only, or to exclude transliterations from your results.

Some indexing terms are applied automatically to trade marks through the filing process. Trade marks then go through manual indexing where IP Australia indexers ensure word and image indexing is complete. This means some trade marks will appear in your search results even though they have not been completely indexed.

After manual indexing is complete, the status of the trade mark will become Published: Awaiting examination. Those trade marks that have not yet been through manual indexing will still have the status of Published: Awaiting indexing.

When using wildcards:

You are initially provided with two search fields. The + symbol at the end of the row will add another line, offering various combinations and exclusions of up to four different word elements.

Note: there is an operator sitting between each line of search boxes, allowing AND OR and NOT between them. When using this combination search approach, it may help to imagine there are brackets sitting around each pair of boxes.

In this example, the search would be equivalent to (A AND B) OR (C AND D).

Advanced image search by indexing constituent

All trade marks that contain an image are indexed using a standard list of image terms. A full list of image terms is available here.

For example, a trade mark image of a cartoon bulldog with a bone in its mouth would be indexed as (in alphabetical order) ANIMAL, BONE, CARTOON and DOG,BULLDOG. Some terms are more general top-level terms (e.g. ANIMAL and CARTOON) while others are more specific (e.g. BONE and DOG,BULLDOG).

This field searches across those image indexing constituents. As you type, the dropdown list will provide image indexing terms from the standard list. If there are no dropdown options presented, it means the term you are typing is not on the standard list of image terms and the image indexing constituent search will return no results.

Indexing terms with a + indicate plurals, e.g. ANIMAL refers to one animal in the trade mark, whereas ANIMAL+ refers to two or more animals in the trade mark.

You are initially provided with two search fields. The + symbol at the end of the row will add another line, offering various combinations and exclusions of up to four different image terms.

Word phrase

This box will perform a text search across a trade mark’s word phrase, not its word indexing constituents. (Please note, this is the kind of search that Quick Search also performs)

When using wildcards in Word Phrase:

Selecting the Single checkbox next to the word phrase search will only find trade marks containing the word or phrase you are searching and no other words.

Word Phrase may be useful if you are searching for:

• letters or words in trade marks that are used as special indexing terms by IP Australia (e.g. NUM or LTR)
• slogans or phrases where word order matters (e.g. "Be in it")
• repeated word elements (e.g. "GO GO")
• trade marks where the searched word or phrase is the only word or phrase in the trade mark (e.g. ECO using the Single checkbox)
• longer or more complicated strings of searches using AND OR NOT and "inverted commas".

Points to remember when using Word Phrase:

• Word phrase searching is very precise – each term behaves like an Exact word search. Be sure to search for all the spelling or phonetic variations you need to find.
• By default, spaces behave as AND.
• AND OR NOT must be in all caps, otherwise the system will search for the words and, or, not.
• Putting wildcards inside inverted commas behaves like a non-wildcard search. The system will search for the symbol itself, not the symbol used as a wildcard.

Class

A trade mark’s protection is determined by the goods and services it is registered for. Goods and services are divided into 45 classes. 1-34 are classes of goods and 35-45 are classes of services. These classes are mostly administrative groupings used for searching purposes – what matters most when considering the results are the particular goods/services listed.

Leave this field blank to search over all 45 classes or enter a class number or multiple classes separated by spaces, commas or full stops.

The system by default will also search across class numbers that are associated (may have similar or related goods and services) with the classes you have entered. The associated classes will display underneath the classes you have entered.

For example, classes 9 and 42 are associated because, among other items, Software goods in class 9 are closely related to Software development services in class 42.

It is useful to search across the associated classes as this will return more results that may be relevant to the class(es) you entered.

To search only across the classes you have entered, not their associated classes, select Single in the dropdown menu. This will perform a more narrow search.

To search across the previous used associations list (e.g. the associations as they existed pre 2012), this option is also available in the dropdown menu.

Status

By default the system will search across all records, regardless of their status. You may restrict your search based on the status of trade marks.

This graphic summarises a typical lifecycle of a trade mark from filing to registration. Refer to the status table below for more details.

Statuses are divided into two categories being a group of similar statuses and the status itself:

If you are interested in searching across current trade marks only, select the Pending and Registered status groups (provided as a single option on the Advanced search page).

Searching the Status itself (e.g. only trade marks with the status “Registered/Protected: Expired Renewal Possible”) provides more detailed methods of restricting your search. This search will only return records currently in that particular status.

Date

As a trade mark moves through the application and registration process, several actions take place, and the date of each of these actions is recorded. Use this option to locate records which, for example, were filed after, before or between certain dates.

Select the relevant date from the drop down menu and then either use the calendar selector tool or type the dates in the format of YYYY-MM-DD.

Typing From a year (2016) or month (2016-01) will automatically search from the beginning of that year or month.

Typing To a year (2016) or month (2016-01) will automatically search to the end of that year or month.

Type

To find only certification, collective or defensive types of trade marks select the appropriate item from the drop down list.

Selecting multiple types will search across multiple types at a time, e.g. searching across all of the defensive trade marks and all of the certification trade marks.

To search across all trade marks regardless of type, leave this field as "All types".

Kind

You can restrict search results to trade marks of particular kinds.

For example, when the kind WORD is selected, this will search across all trade marks that comprise of words only.

If you select multiple kinds in the dropdown search menu this will default to OR. For example, to find trade marks that are either COLOUR or SHAPE marks (or combinations of colour, shape and other kinds).

Kinds are defined as follows:

• Word - trade marks consisting only of words
• Fancy - trade marks that are words depicted in non-standard typeface
• Figurative – two dimensional trade marks consisting of image elements either with or without words.
• Colour - trade marks consisting only of a colour or with colour as the main defining feature
• Scent - trade marks consisting of or containing a scent as a defining feature
• Shape - trade marks made up of a three dimensional shape
• Sound - trade marks consisting of a sound or that contain a sound as a defining feature
• Movement – trade marks consisting of a visual animation that’s movement is the defining feature
• Feel – trade marks comprised of a physical texture
• Hologram – trade marks represented in a holographic form
• Position – trade marks for a particular section of colour or a sign applied to part of a product in a specific position
• Taste – trade marks consisting of a particular flavour of or applied to the goods
• Tracer – Coloured lines or threads applied to certain products.
• Other – Any other kind of sign not defined above

Please note that when searching specifically for kinds of marks this may not return results of marks that contain an element of another. For example searching for just Word marks in the Kind field will not return results of images with words in them, and searching Figurative in the kind field will not return results of Shape marks.

Regulated Signs

Regulated signs are words, symbols, flags or signs that may be restricted for use within a trade mark by the Trade Marks Act 1995 (Cth) or other legislation. Examples of these kinds of signs are the Red Cross symbol and the words RED CROSS, protected by the Geneva Conventions Act 1957.

Regulated signs will appear in search results with an ACTIVE or CEASED status. Active means the sign’s use in a trade mark is currently restricted, whereas Ceased means the sign was previously regulated but this has now ceased.

Flags

There are four flags to restrict your search:

• Non-use: limit results to trade marks with a non-use pending.
• International Registration: limit results to trade marks that have been lodged under the Madrid Protocol for international registrations.
• Regulated Signs: limit results to the regulated signs that may not be used as trade marks (these all begin with a -9 number).
• Series: limit results to series marks.

Exclude inactive

By default the system will search across all data, with no records being excluded.

The exclude inactive feature allows you to filter out results that have been inactive (e.g. never registered, lapsed, removed, cancelled, withdrawn or ceased) for more than 25 years or more than 10 years. This can assist in reducing large results sets.

Goods & services

This field will perform a text search across the full goods and services specifications of all trade mark applications and registrations. This is not searching across the pick list itself per the Trade Marks Classification Search.

This search will ignore punctuation, but will not find alternative spellings or synonyms.

Other information

Where information exists about the trade mark, for example, a more unusual kind of sign (e.g. shape or colour) conditions or limitations, convention details, or other descriptions, this box will perform a text search across this kind of information.

This search will ignore punctuation, but will not find alternative spellings or synonyms.

Name searching

This box will perform a text search across the party name selected in the dropdown menu.

This search will ignore punctuation, but will not find alternative spellings.

Address for service

This box will perform a text search across both the name and address of the party prosecuting the application. This is the name/address to which all correspondence is sent regarding the trade mark.

This search will ignore punctuation, but will not find alternative spellings.

ABN/ACN/ARBN (owner)

A search can be conducted on any ACN (Australian Company Number), ABN (Australian Business Number) or ARBN (Australian Registered Body Number) relating to trade mark owners.

Please note: this information is optional to provide when applying for a trade mark. If the ABN/ACN/ARBN searched was not provided with a trade mark application, the search will not return any results.

Trade mark numbers and IR numbers

These boxes will perform searches across trade mark numbers and International Registration numbers (trade marks registered with the International Bureau). The International Registration number search will find trade marks registered with the International Bureau designating Australia, or based on an Australian application.

Image comparison search

Click on the camera icon to upload an image from your desktop to find results based on the visual similarity of images.

Once you have uploaded an image, you can drag the selection tool to highlight a portion of the image you would like to search.

You can upload images in the following formats: PNG, JPG/JPEG, GIF, BMP or SVG.

Images may be up to 8MB.

You can combine the image search with any other search criteria on the page to limit the results.

Search, Clear and Save

Once you have entered your search criteria, use the Search button (or Enter key) to execute the search.

All searches you execute in the Advanced search view will be saved in the My Searches list (accessible from the top navigation bar).

If you would like to Save search criteria to the My Searches list without executing the search, you can use the "Save" button.

If you would like to clear all of the search criteria from the page, you can use the "Clear" button.

Remember criteria

Once you have entered your search criteria, you can use the “remember criteria” switch to retain the criteria you have entered next time you visit the search page.

If you save your search space, within the User Preferences there will be a “this space only” option. This will also retain your “remember criteria” options for that space only.

Export to Excel

You can export the set results returned (up to 2,000) as a Microsoft Excel document.

If using Advanced search, the columns on the Excel document will reflect the information you have chosen to display on the search results page in your User Preferences.

Details

You can generate a plain, print-friendly page with the full details of all results on the page using the Details button.

If using Advanced search, the number of records on the Details page will reflect the "results per page" you have chosen in your User Preferences (100, 150, 200 or 250 at a time).

Search filters

You can filter your search results based on the status of trade marks.

If you are interested in viewing current trade marks only, select both Registered and Pending.

When using Quick Search, you can also filter based on whether the term(s) searched were found in the trade mark’s words or owner name.

Results count

If your search returns many results, only the first 2,000 will display.

If your search returns too many results using Quick Search, you may try:

• a new search with more specific search terms
• using the filters below to see fewer results at a time
• move to Advanced search to add more criteria

If your search returns too many results using Advanced search, here are some options to consider to reduce the number of results:

• You can limit your search to particular classes. Use the Goods and Services Classification Search to identify the goods or services that are potentially the most relevant.
• The exclude inactive feature allows you to filter out results that have been inactive for more than 25 years or more than 10 years. This can assist in reducing large results sets.
• Search across current trade marks with the statuses Pending and Registered.
• Use the filters below to temporarily see fewer results at a time.
• Use a more specific word search term (e.g. a word prefix search instead of a part word search). Be aware that using search terms that are too narrow or specific risks missing relevant, similar results.
• If using the image indexing constituent search, consider using a more specific search term or combining the search with another image term.
• If using the image comparison search, consider combining the search with some other criteria.
  
  

Image constituent suggestions (after uploading an image in Quick Search)

The system may suggest image constituents (terms) that may be relevant to the image you uploaded to search for, based on the top results of the image search. You can use these terms to filter the results or you may use them in an image constituent search (available in the Advanced search view only).

Image description

This is a brief description of the trade mark’s image content. This may assist visually impaired users of the search system utilising screen readers, or provide some additional guidance if the image is not fully described using the standard image indexing terms.

A search space is a container with the list of records you added to your list and searches you have saved or executed.

At any stage you can select to save the space you are working in by giving it a search space name and a reference key.

Note: the combination of the search space name and the reference key must be unique to save your space. You may use the same name for different spaces, so long as they have unique keys.

You can then open that existing search space to continue working in that space at a later time. Search spaces are retained for 100 days since the last time it was accessed.

To return to an existing search space you will need both the search space name and the reference key, so make note of these details. This information cannot be retrieved if forgotten.

The search results within a search space remain static. The search results of searches performed in the past will remain the same and will only update if you rerun the searches at the new point in time.

Within your User Preferences, you can also choose to keep your preferences (including “remembered” search criteria) for that space only.

My List is where you will find the list of records you have flagged that will be included in search reports you generate from this search space.

You can add records to your list from search results pages (use the “All” checkbox to add all records on that page to your My List) or from detailed views of individual records.

Once you have added records to your list, you can place them into groups. These groups are numbered 1 through 5 and are colour coded. You can use these groupings to categorise records based on your own needs.

On this page you can also filter your view to only see records from particular groups.

You can add individual comments to each flagged record.

To save your list to return to it at a later stage, save your search space.

As you execute or save searches, they will appear on your My Searches page.

Searches may be combined in this view by clicking the checkboxes in the Combine column (or typing the relevant search numbers in the left hand column for combinations). The options are AND, OR, and AND NOT will appear on the page as button options, including the results count for each option.

Actions:

• To refine the criteria of a search from this list, click the pencil button in the Actions column.
• To remove a search from this list, click the trash button in the Actions column
• The search results within a search space remain static. The search results of searches performed in the past will remain the same and will only be updated if you rerun the searches – this can be done using the Rerun all searches button.

While in Advanced view, a PDF report of the entire search space (containing the list of searches, list of flagged records, and detailed views of the flagged records) can be downloaded from the menu at the top right of the page.

You can customise to include more or less information in this PDF report before selecting to Download the report.

The PDF report contains information about the data's currency and the trade marks that have been most recently lodged and indexed.

Some trade marks below the last indexed trade mark number may not have been published, such as applications that have not met minimum filing requirements, are still undergoing processing by IP Australia, or are TM Headstart requests which have not been converted to an application. Some of these trade marks may subsequently be published.

To search for these trade marks you can use the below example as a guide:

• You conducted searches in January
• Now it’s February and you want to see if anything wasn’t published at the time you did the original searching.
• Simply perform the original searches again, with the following criteria added to the publication field:
  •  
  • Publication Type: Application Filed - Date from: January 1st
  • 
  • Note: depending on the criteria used, this search may not find trade marks that had been published prior to Jan 1.

When page content is scaled using browser zoom, the information on some dialog boxes (e.g. the "My preferences" window below) may not be visible on the screen. You can view the information further down the dialog boxes using the Tab or "Page Down" keys on your keyboard.

The following features have been optimised for mobile use:

• Quick search
• Summary results of a Quick search
• Summary view of individual trade marks