Australia is a wealthy country with a market economy, a high GDP per capita, and a relatively low rate of poverty. Therefore, many businesses want to expand their activity in this market. However, the biggest difficulty for businesses when they want to register a trademark in Australia is the language barrier. That is, they need to submit an application through an organization that is an industrial property representative of Australia.
Accordingly, it is best to contact a renowned IP firm in order to successfully register a trademark in Australia without hindrance. Below is some legal information businesses need to know when applying for trademark registration in Australia:
Signs which may be Registered as Trademarks in Australia
Under Australian law, the following objects are considered trademarks and can be registered for protection in Australia:
- Slogan (Motto);
- Catchphrases;
- Full name, signature;
- Trademark (Brand);
- Logos;
- Company name;
- Business name;
- Domain names,…
Dossier for trademark registration in Australia:
- Information of the applicant (trademark owner);
- Sample of the trademark to be registered;
- List of products/services to be protected with the trademark;
- Documents applying for priority date (if any);
- Authorization letter;
Apply for trademark registration in Australia
There are 3 ways to register a trademark in Australia via online service. Each has slightly different requirements and costs:
- Pre-registration service (TM Headstart) – provides a review of your application before you officially register using the online service.
- Standard online registration process (Standard service) – using online service.
- Trademark Assistance (Trade Mark Assist) – allows you to discover your trademark and identify the goods and services you wish to protect.
Examination period and protection certificate-granting time
- It usually takes at least 3-4 months from the time the application is submitted to review the trademark application.
- If the trademark application is valid, the Australian Intellectual Property Office will notify the trademark registrant in writing.
- The trademark will then be declared for protection.
- After two months, if there is no objection or reason to revoke the mark and the required fees are paid, the mark will be registered for protection.
- If the trademark registrant receives an inspection report, within 15 months from the date of the report, the registrant must respond for the examiner to consider the response and pay a response fee.
If there are no problems, the trademark registration is accepted. If the problem persists, the trademark registrant will receive another report. Therefore, applicants should submit feedback as soon as possible to allow sufficient time to test the above requirements.
If the application is lapsed due to the failure to respond to the report within a period of 15 months, the trademark registrant may apply for an extension of the time and renewal fee under section 224 of the Trademark Act 1995 to restore the application.
You can see a list of Australia IP Firms here.