Build a trade mark clearance conflict table from Australian Trade Mark Search

Key facts

Human involvement
YellowClose supervision
How AI is used
Search Australian Trade Mark Search, Madrid Monitor, EUIPO, USPTO Trademark Search and the common-law sources the lawyer names; list candidate conflicting marks by class, status and goods or services overlap.
What the lawyer must review
  • Verify every registration number, class and status on Australian Trade Mark Search
  • Search beyond the register: web, ASIC Business Name Register, ABN Lookup, domain names
  • Apply deceptive similarity: Southern Cross Refrigerating Co v Toowoomba Foundry (1954) 91 CLR 592
  • Test imperfect recollection of the ordinary consumer, not similarity scores or TMPI rankings
  • Check goods and services overlap under the Nice Classification as IP Australia applies it
  • Flag marks with a pending opposition, adverse proceeding or removal action; check current Trade Marks Act 1995 grounds
  • Do not treat TMPI (substantially identical text marks) as a full clearance search
Written for / version
Commonwealth versionCth

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

Who does what

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
  2. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

Related tasks

Related tools

Related jurisdictions