Free Trademark Search - Terms and Conditions

General

O’Sullivans Patent and Trade Mark Attorneys Pty Ltd ACN 163 111 724 (“O’Sullivans”) is a full service patent and trademark attorney firm. Our General Terms and Conditions (“Terms of Engagement”) are available upon request. 

Please read these Free Trademark Search Service Terms and Conditions (“Free Trademark Search Terms”) carefully as they form the basis by which you (either an individual or a legal entity that you represent as an authorised employee or agent) can use the free trademark search service available via our website www.osullivans.com.au ("the Free Trademark Search" or “Search” or “Service”).  By submitting a Free Trademark Search Request Form you agree to be bound by these Free Trademark Search Terms. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and any other relevant terms and conditions available at this website including our Website Terms and Conditions that are available here.

Service Contract

By submitting a Free Trademark Search Request through www.osullivans.com.au you are offering to contract with us for the Service and the supply of a search report at no cost to you (see Limited Scope of Search below).

We reserve the right not to accept your request at our sole discretion.  If we accept your request we will confirm the same by email.  Your request is considered accepted when you receive an e-mail confirmation from us that we have accepted your request.

If we need to discuss your order we will contact you by email or telephone.  

Limited Scope of Search

The Search is a limited search of the online records of IP Australia made available via the ATMOSS database for trademarks. The Search is restricted to existing trademarks on the ATMOSS database that are a direct match for your trademark and hence would constitute a clear obstacle to the registration of your trademark.

Where we are of the opinion that your trademark is likely to be objected to on another ground such as lack of distinctiveness (i.e. it is directly descriptive of the goods/services of interest) we may also comment on this aspect of registrability. However, please note that our failure to comment on any aspect of registrability does not mean that your trademark will not be objected to on one or more grounds. 

The Search is limited to Australian trademarks.  Furthermore, a clear report does not guarantee that if you file an application for registration that your trademark will be registered.  In this regard, the registrability of a trademark depends on a number of factors, including the similarity of your mark to other marks, your mark's capability to distinguish and the like. Thus, whilst the Search report is intended to assist you make decisions regarding your trademark, a favourable report is no guarantee that trademark will qualify for registration.

Disclaimers & limitations of liability

Where you submit the Free Trademark Search Request on behalf of another entity, you warrant that you have the legal capacity to act on behalf of that other entity.

You expressly agree that use of the Service is at your sole risk and that the Service is provided on an "as is" basis. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance.

Communication

You agree to receive the search report by email only, sent to the email address you have provided. You agree to inform us promptly of any change of your contact details, including address, telephone number or email address. Failure to do so may result in our inability to contact you, for which we accept no responsibility.

Privacy

All information you provide in relation to your Free Trademark Search Request will be used only for the purposes of providing the Service. Our full Privacy Policy is available here.

Severability

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.