Trade mark search and application support
Registrations and licences
·
On demand
A trade mark search is useful before a name appears on packaging, signage or a product launch. TheTaxCo reviews the proposed mark and goods or services, identifies relevant earlier marks, and handles filing, examination responses and follow-up through the registration process.
The work starts with the owner, the mark and the intended use. A company-name approval, domain registration or social-media handle does not establish that the brand is clear to use or register.
What a search can establish
We search for exact and similar marks, including relevant sound and visual similarities, and review the goods or services they cover. The written note identifies the closest results, status and the practical questions they raise. Similarity requires more than comparing class numbers: related goods, services and reputation can affect the analysis.
A search cannot reserve the name or guarantee registration. Examination considers the statutory grounds, including distinctiveness and earlier rights, and third parties may oppose an advertised application. Trade Marks Act, sections 9 and 11.
If a known user or existing dispute raises questions beyond register searching, our specialist team reviews the further evidence and legal position before recommending a filing strategy. The absence of an exact register match does not prove that nobody holds enforceable rights.
Word marks, logos and the specification
A word-mark application and a logo application record different forms of the mark. A combined label is assessed as a whole, with limits on exclusive rights in individual non-distinctive elements. Changing the design does not automatically avoid infringement of a registered mark; confusing similarity and distinctive word elements can remain relevant. Trade Marks Act, sections 17 and 29.
We therefore compare the mark as used with the form proposed for registration. The goods and services wording should describe what the business supplies and plans to supply with sufficient specificity. Additional classes and separate word or logo applications change the filing scope, so they are presented for a decision before submission.
Ownership is equally deliberate. If a founder applies personally while the company uses the brand, the resulting arrangement needs to be intended and documented. Prior-use claims require evidence; a proposed-use application should not be given an invented early date.
Application and later stages
The application uses Form TM-A. We prepare the applicant particulars, mark representation, goods or services specification and supporting use record where required. You approve the proposed owner, classes, wording and use claim before authorised filing. Trade Marks Rules, rule 23.
You receive the search note, proposed filing schedule, completed application pack and application number after submission. We monitor the application and handle examination responses. Our specialist team also handles hearings, oppositions, evidence proceedings, assignments and enforcement, with the appropriate representative appointed where required and the proposed position agreed with you.
An examination objection and a third-party opposition are different stages. The response should address the actual grounds and cited marks, supported by evidence where needed. The one-month response period runs from receipt of an examination report; the opposition period is four months from advertisement or re-advertisement. Trade Marks Rules, rules 33 and 42.
Documents and timing
At the search stage we need the proposed name or artwork, applicant type, goods or services and any known similar brand. For filing, we request applicant records, authority, prior-use evidence and documents supporting the applicant category.
We can agree a preparation date after the input review. The Registry’s examination, publication, opposition and hearing stages determine the overall duration. Registration, if granted, requires subsequent maintenance and renewal planning.
Questions before committing to a brand
Can we start with the company-name search? It is useful for incorporation, but a separate trade mark review is needed for brand risk. The two approvals serve different purposes.
Can we use the registration symbol after applying? Filing gives an application number, not a registered right. Representing an unregistered mark as registered can attract statutory consequences. Trade Marks Act, section 107.
Someone already uses a similar name. Should we abandon ours? We need their use history, goods or services and the similarity details before advising. A different logo or class number alone does not settle the question.
Does logo copyright replace a trade mark application? Copyright and trade mark protection address different rights. Where both are relevant, the artwork’s ownership and the brand’s registration strategy should agree.
See copyright registration, company-name and constitutional documents and incorporation.
Email TheTaxCo, message us on WhatsApp or book a call. Share the proposed mark, the intended owner and a short list of the goods or services to be offered under it.