Australia TM
How to Search for a Trademark (Word and Image) and Domain Name
1. Visit IP Australia's Official Website
Start with the Australian Trade Mark Search tool for an initial trademark check.
here. https://search.ipaustralia.gov.au/trademarks/search/advanced
2. Enter Your Desired Trademark
For word marks, type the name you wish to trademark.
For image or logo marks, use the Design Search Code Manual provided by IP Australia to identify and search for similar designs. The link above is for the advanced search, which allows you to upload an image, in order to search the data base, for a likeness to your proposed image.
3. Simultaneously Check Domain Availability
Use domain registration platforms to check the availability of the '.com' version of your desired trademark.
Benefits of Including a Domain Name Search with a Trademark Search
Brand Consistency
Unified Brand Identity
Ensuring that your trademark and domain name are consistent helps in creating a unified brand identity. It ensures that customers can easily find your business online when they hear about your brand.
Avoiding Future Conflicts
Prevent Legal Issues
If a domain is available but the trademark is taken, you might face legal challenges down the road. Conversely, if you secure a trademark but the corresponding domain is taken, you might have to consider rebranding or acquiring the domain at a potentially high cost.
Enhancing Brand Protection
Digital Real Estate
Owning the domain that matches your trademark is like securing prime digital real estate. It prevents competitors or cybersquatters from capitalizing on your brand's name or reputation.
Streamlined Process
Efficiency
Checking both trademark and domain availability simultaneously streamlines the branding process, saving time and resources.
Informed Decision Making
If a desired trademark is available but the corresponding domain isn't (or vice versa), businesses can make informed decisions on whether to pivot their branding strategy or pursue acquisition.
Boosting Online Visibility
SEO Advantages
A domain that matches your brand name or primary keyword can have SEO benefits, making it easier for customers to find you online.
Enhancing Credibility
Professionalism
Having a '.com' domain that matches your trademark signals professionalism and can enhance the credibility of your business in the eyes of customers and partners.
Facilitating Marketing and Branding
Unified Marketing Campaigns
When your domain name matches your trademark, it simplifies marketing campaigns, making them more cohesive and memorable.
Cost Savings
Avoiding Rebranding Costs
Discovering a domain name conflict after trademark registration can lead to rebranding costs. An integrated search can help avoid such scenarios.
Global Presence
International Recognition
The '.com' domain extension is globally recognized. Securing it ensures a global digital presence, which is especially beneficial for businesses with international aspirations.
Conclusion
Incorporating a domain name search with a trademark search is a forward-thinking approach that recognizes the intertwined nature of digital and traditional branding. In the age of e-commerce and digital marketing, ensuring that your online and offline brand identities align is not just beneficial—it's essential.
4. Analyze Similar Trademarks and Domains
Review the results for any matches or similarities in both word and design trademarks.
Check for domain variations to ensure comprehensive coverage.
5. Consider Words and Images You Cannot Trademark
Certain words or phrases are generally not eligible for trademark registration on their own, especially if they are generic or descriptive. However, when combined with unique logos, symbols, or designs, these generic words can often be trademarked. For instance, while the word "apple" on its own might be generic, when combined with a specific logo (like the bitten apple design), it becomes a distinctive, trademarkable brand.
Examples include,
Generic Terms
Words that describe a class of goods or services, like "Computer" for a computer store.
Descriptive Terms
Words that describe a feature or quality of a product or service, like "Cold" for ice cream.
Geographical Names
Names of places, especially if they indicate the origin of certain types of goods or services.
Names and Surnames
Common names or surnames, unless they have acquired a secondary meaning.
Misleading Terms
Words that could deceive or mislead consumers about the nature, quality, or geographical origin of goods or services.
6. Seek Professional Advice
If in doubt, or if you find potential conflicts, consult with a trademark attorney or professional. They can guide you through the intricacies of trademark registration (both word and image) and domain acquisition.