The process for trademark registration in Australia is done in accordance with the stipulations of the national law. If you want to protect your intellectual property rights on the Australian territory, you will need to register your trademark, following the standard application process. Our Australian law firm can assist you in this matter and can also present you the rights you will have once you will register your trademark.
Please mind that the process of trademark registration in Australia can be very beneficial to an entity, be it a natural person or a corporate body, as through this procedure, the respective brand, product, jingle, logo, etc., can be protected against other parties and more than this, can help in the situation of a litigious case on intellectual property matters; our Australian lawyers can provide legal representation in this matter as well.
|What constitutes a trademark in Australia||
A trademark can be represented by letters, words, numbers, images, logos, sounds, scents, shapes.
Trademark law in Australia
|Trade Marks Act 1995, Trade Marks Regulations 1995|
Institution regulating intellectual property matters
|International intellectual property laws recognized in Australia||Australia is a member state of the World Intellectual Property Organization and it applies all its treaties.|
Who can file for trademark registration
|Individuals, organizations, companies, charities and other structures recognized under the Australian law.|
Types of trademarks that can be registered
There are multiple types of marks available for trademark registration in Australia: certification trademarks, series of trademarks, trademarks for colors, shapes, scents, for movements, for plants, etc.
Documents required for trademark registration
The application form, the payment of the application fee, information on the applicant, the representation of the trademark, the description of the goods and/or services protected by the trademark, the classes of goods and services.
|Steps to be followed after the trademark application is submitted||Examination (3-4months) – e-mail notification (for successful applications) – Opposition (2 months) – registration of trademark (where no opposition situations appeared).|
|The validity of the trademark registration||10 years|
|The duration of the registration procedure||3-4 months for the examination, 2 months for the opposition.|
|Renewal of trademark available (yes/no)||Yes|
|Procedure to acquire international protection of trademark||Addressing individually to the authorities of each country, or making a request through the Australian authorities, which will initiate the Madrid Protocol.|
|Opposition period||2 months|
|Registration fee applicable (yes/no)||Yes|
|Legal services offered for trademark registration||Legal advice and representation on copyright laws, IP audits, due diligence, litigation, trademark registrations, etc.|
How can one register a trademark in Australia?
The procedure for trademark registration in Australia is done following the procedures imposed by the Australian Government – the Intellectual Property Australia Office. First, you will have to verify whether your intellectual property good constitutes a trademark, as not all signs and other intellectual property products can be considered trademarks.
If you do have a trademark, then you will have to select the services or the goods for which the respective trademark will be used. The trademark can be used for both goods and services, but they will have to be grouped into categories. Then, after this procedure is completed, you will have to verify if the trademark you want to register is not already used on the Australian territory by another party.
If this step is successfully completed, then it means that you can start the trademark registration in Australia, by using any of the methods that are currently available for local and foreign entities. The Intellectual Property Australia Office offers three options for online registrations, so it should be a straightforward process.
However, it is necessary to know that each option has its own fees and that each application system provides different services. You must also know that the legislation does not impose a mandatory trademark registration, but if you will not register your trademark, it will be much more complicated for you to make claims if you discover that someone else is using your logo or another intellectual property product.
After you complete all the steps mentioned above, the Australian institutions will start the examination procedure, through which they will verify if the trademark meets the standards of the law; if you need assistance on this matter, please address to our Australian lawyers.
What is the law on trademark registration in Australia?
There are more legal acts that are related to the protection of intellectual property in Australia. Trademarks which are not registered can be protected in a litigation case under the Section 52 of the Trade Practices Act 1974. Registered trademarks fall under other rules of law, which regulates matters from trademark registration in Australia, to fees charged by the institutions, the rights of the regulators, the rights of the parties owning trademarks and others. Below, you can find few important details:
- a trademark is defined under the rules of the Trade Marks Act 1995;
- once the process of trademark registration in Australia is completed, the trademark will be protected for a period of 10 years;
- the minimum fee for the standard registration is of $250;
- the registration through the TradeMark Headstart service, which provides extensive services, is charged with minimum $330;
- if you want to import a wine trademark in Australia, you will need to comply with additional rules, prescribed by the Wine Australia Corporation Act 1980 and observe the requirements of the Class 33 (Australia follows the Nice International System of Classification, which contains 45 classes).
How long does it take to register a trademark in Australia?
Once you have completed the application and you sent the required papers, the application itself will be processed in a period of 3 to 4 months, but it is very common for delays to appear. In the case in which the application is successful, the applicant will receive an e-mail through the online services used for the trademark registration in Australia.
Once the trademark is accepted, another process will begin, through which, for a period of 2 months, the product will be open to opposition, a procedure in which any third party may oppose to its registration for various legal grounds. Our team of lawyers in Australia can present the legal grounds regarding the opposition of the trademarks. For more details, please contact our Australian law firm.