Australia Trademark Registration

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Australia trademark registration can be obtained for words, logo, numerals, slogan, device and more. It's provides legal right of exclusivity for use of the mark to the owner of the trademark. Australia trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in Australia.

Australia Trademark Search

Before filling an Australia trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

Filing an Australia Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file an Australia Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

Australia Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

If the government office issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

Australia Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.