---
title: "Trade mark clearance search report and filing recommendation"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/trade-mark-clearance-and-filing-memo"
type: "precedent"
site: "AI Law Framework"
id: "a23-trade-mark-clearance-and-filing-memo"
area_id: "A23"
kind: "memo"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/trade-mark-clearance-and-filing-memo  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Memo. An internal or advice memo.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia.

## 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).

## Authorities

- [Trade Marks Act 1995 (Cth) s 17 (what is a trade mark)](https://www.legislation.gov.au/C2004A04969/latest/text)
- [Trade Marks Act 1995 (Cth) ss 41, 42, 43 (grounds for rejection: not capable of distinguishing; scandalous or contrary to law; likely to deceive or cause confusion)](https://www.legislation.gov.au/C2004A04969/latest/text)
- [Trade Marks Act 1995 (Cth) s 44 (identical or deceptively similar earlier marks)](https://www.legislation.gov.au/C2004A04969/latest/text)
- [Trade Marks Act 1995 (Cth) ss 58, 59, 60 (opposition: applicant not owner; no intention to use; reputation of another mark)](https://www.legislation.gov.au/C2004A04969/latest/text)
- [Trade Marks Act 1995 (Cth) s 92(4)(b) (removal for non-use over a continuous 3-year period)](https://www.legislation.gov.au/C2004A04969/latest/text)
- [Trade Marks Act 1995 (Cth) s 120 (infringement)](https://www.legislation.gov.au/C2004A04969/latest/text)

## Official form

[Official form](https://www.ipaustralia.gov.au/trade-marks/how-to-apply-for-a-trade-mark)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/trade-mark-clearance-and-filing-memo and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*