Australia Trademark Application

Malaysia Hotline : +603-2141 8908

Australia trademark registration is completed under the Trade Marks Act 1995 (Cth) and the Trade Marks Regulations 1995 (Cth). Before registering a trademark in Australia, you should do a search on the IP Australia website for similar trademarks. You can either register for the search or ‘enter as guest’. Once you sign in, you can search trademarks, including words, part words and otherwise.

Requirements on Australia Trademark Registration
An Australia trademark must be capable of being represented graphically, be available for registration and be distinguishable. It can consist of personal names, words, numerals, letters, shapes or designs, or a combination thereof. Applications must include; representation of the mark, details of classes, description of the goods or services and a translation of the mark where it is submitted in another language.

All Australia trademarks have the opportunity to be checked prior to submitting the application, with TM Headstart. TM Headstart is an effective database allowing owners of a mark to ascertain if the mark is available.

The validity period of the mark is 10 years from the date of registration with the opportunity for renewal every 10 years thereafter. Renewal is permitted provided the mark has been used in a “bona fide way”, this will ensure the mark is not at risk of removal from the trademark database on grounds of non-use.

Australia Trademark Registration Process
Once you have the trademark you wish to register and have decided what category it exists under, you can do either of the following:

Apply for a TM Headstart. This service allows your trademark to be analysed to ensure that it is capable of being registered and provides suggestions to amend your trademark once the process is over. You can apply for a TM Headstart here. Or if you are confident that your trademark can be registered, you can apply online.

Note: You still have to apply for trademark registration. TM Headstart is a service which only gives you insight into whether your trademark is registrable but it does not register your trademark.

It takes around three to four months for a decision on trademark registration. If it is accepted, you will be notified in writing. If the application is likely to be refused, you will receive an adverse examination report where you will have 15 months from the date of the report to respond and have IP Australia consider the response.