• Prior to commencing use of or applying to register a trade mark searches should be conducted to identify any trade mark applications or registrations which may be an infringement risk or registration obstacle.  
• Searches are warranted if you are contemplating significant investment in:

• branding;
• identity;
• launch; and
• brand collateral. 

• The searches are complex because they need to be broad enough to encompass marks which are similar:

• visually;
• phonetically; or
• conceptually. 

• In particular a search will identify marks which could be considered to be substantially identical or deceptive similar as any infringement claim encompasses these concepts. Also the search will need to be broader than just your goods or services of interest because an infringement claim extends beyond the same goods or services to goods or services which are closely related or of the same description. This requirement is found in section 120 of the Trade Marks Act 1995 (Cth).
• Comprehensive searches will also search beyond the Trade Marks Office database to identify possible unregistered trade marks and other relevant names such as:

• business names;
• company names; and
• domain names. 

These searches should also extend to the market place