Memo · Intellectual Property — Patents, Trade Marks, Copyright, Designs

Trade mark clearance search report and filing recommendation

Advice memo reporting the results of a trade mark clearance search: registrability under s 41, conflicts under s 44, opposition risks, use (infringement) risk, options, and a filing recommendation with classes and specification.

Kind
Memo. An internal or advice memo.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use after running register and common-law searches for a proposed brand and before the client launches or files. It is a risk opinion on the searches run at a date; it is not a guarantee that the mark is free to use or will be registered.

How AI may be used

AI may run and cluster similarity searches across the registers and sources the lawyer names, and draft the conflicts table. The registrability and conflict opinions, and the recommendation, are the lawyer's or trade marks attorney's.

AI may

  • Search the registers and common-law sources the lawyer names and table candidate conflicts by class, status, owner and goods or services overlap.
  • Draft a goods and services specification from the client's product list and flag terms that look too broad or too narrow.
  • Check every register entry in the memo against a current extract.

AI must not

  • Must not give the opinion on deceptive similarity, registrability or infringement risk.
  • Must not enter unannounced brand names or launch plans into a consumer tool that trains on inputs.
  • Must not describe a search as complete or a mark as "clear".

The lawyer checks

  • Status, owner, classes and priority dates of every cited mark are checked against the register on the date of the memo.
  • The search scope and its limits are stated accurately.
  • The applicant entity is the person who owns or intends to use the mark (s 58).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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