How to check if a trade mark is already taken in Australia

TM Checker is IP Australia's free app for a new name or logo. It uses AI trained on IP Australia's own data and past examinations to flag whether a proposed trade mark is likely to run into problems when it's examined. It's fast and it's free, but IP Australia says its results can't promise an outcome if you go on to apply.

For an examiner's view instead of an AI one, TM Headstart costs $200 per class and an examiner replies within 5 business days.

This is the official register, and it's where the detail is. The steps below go from the obvious search to the ones that catch near misses.

1. Search the exact words with Quick search. It also searches owner names and trade mark numbers, so you can look up a business you already know about.
2. Search for spellings that sound or look alike. Australian Trade Mark Search matches on sound (it uses a phonetic code called NYSIIS) and has a fuzzy search for words that differ by a few letters.
3. Use wildcards for partial matches. An asterisk stands for any number of characters and a question mark for a single one, so COPPER* finds every mark starting with COPPER.
4. Narrow it by class with Advanced search. Leave the class blank to search all 45, or enter the classes that cover what you sell.
5. If you have a logo, upload it. The image search returns marks that look similar.
6. Open anything close and read its status and its goods and services.

Here's how that looks with an invented name. Say you're planning a café called Copperwren. An exact search for COPPERWREN might find nothing. COPPER* would still turn up a COPPER WREN, a sound-alike search would catch spellings like KOPPERWREN, and filtering to class 43 (food and drink services) and class 30 (coffee) would show the ones in your line of business.

Every record has a status. The ones you'll see include registered, pending, published, accepted, refused, removed and never registered.

Registered marks are on the register. Pending, published and accepted ones are applications still in progress, and those count too: an application filed before yours can still become a registered trade mark. Refused, removed and never-registered records aren't on the register.

Also check what each close match covers. IP Australia says a registration doesn't extend to goods and services that weren't included in the application, and examiners look at whether a mark is too similar to others for the same or similar goods and services. A matching name for unrelated goods is a different situation from a matching name in your own industry.

The trade marks register and ASIC's registers are separate, and IP Australia says they don't cross-check. A name can be free on one and taken on the other.

ASIC's business names register is free to search by business name or by holder, and most of what it shows costs nothing: the holder's name, ABN, address, and registration and renewal dates. To see whether a name can be registered as a business name, ASIC has a separate business name availability search.

ASIC also notes that trading names aren't registered business names and don't appear on its register. For those, it points to ABN Lookup.

A business name already registered by someone else doesn't give them trade mark rights. It does mean the name is in use. Our guide to business names and trade marks explains the difference, and IP Australia says prior use of a name can help a business even without a trade mark, though proving it can be slow and expensive.

The register moves quickly. In our records, 96,859 applications were filed between 1 October 2025 and 27 September 2026, the latest date in our data. That's about 8,000 a month, or roughly 350 every weekday. A name with no close matches this week can have one next week.

That's why the timing of an application matters as much as the search before it. Once a similar application is accepted and advertised, there are two months to oppose it. Our guide on what to do if someone trade marks your business name covers what happens after that window closes.

Is Australian Trade Mark Search free?

Yes. Both Australian Trade Mark Search and TM Checker are free. TM Headstart, where an examiner assesses the mark, costs $200 per class.

Does a trade mark search show pending applications?

Yes. Australian Trade Mark Search covers registered trade marks and pending applications, and each record shows its status.

How do I check if my business name is trade marked?

Search the name on Australian Trade Mark Search, with variations in spelling and sound. If you know who might have filed it, search by owner name as well.

Is a name free to use if nothing comes up?

A search with no close matches is useful, but it isn't a clearance. Names can be used without being registered, and new applications are filed every weekday. TM Checker results also can't promise an outcome.

What if the name is registered in a different class?

A registration only covers the goods and services it lists. When IP Australia examines a new application, it looks at whether the mark is too similar to existing marks for the same or similar goods and services.

• How to search existing trade marks (IP Australia)
• TM Checker (IP Australia)
• Apply with Headstart (IP Australia)
• Australian Trade Mark Search help (IP Australia)
• How to respond to an examination report (IP Australia)
• A simple breakdown of names and trade marks (IP Australia, IP First Response)
• Is my business name my IP? (IP Australia, IP First Response)
• Business names register (ASIC)
• CopyCatcher's own figures: IP Australia's IP RAPID data for applications filed from 1 October 2025 to 27 September 2026, as held on 5 October 2026.