Australia Trademark Registration

Our Trademark Attorneys in Australia will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Australia. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Australian Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory?

    Registration is not compulsory, but it is advisable. Otherwise the legal benefits of registration may not be available. Furthermore, compared to the burden of proof needed to enforce rights in an unregistered trademark, enforcement of a registered trademark is less expensive.

  2. Which Intellectual Property rights are registrable?

    Letters, words, names, signatures, numerals, devices, brands, headings, labels, tickets, aspects of packaging, shapes, colors, sounds, and scents, or any combination of these, are capable of registration, provided they can be represented graphically. Service marks may be registered.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    Yes, a trademark can be registered for retail and like services.

  4. Is there any advantage in using a trademark before filing an application?

    Yes. Australia recognizes prior trademark use, and evidence of use before filing may assist in achieving registration of some marks that may not otherwise be registrable. In addition, a mark that has been used before may be registrable in the face of an earlier filed application for an unused mark, and may even prevent the registration of such an unused mark.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately 8 months.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    If a trademark is not used within any continuous period of three years, by the trademark owner or an authorized user, the registration will become vulnerable to cancellation for nonuse upon application of an aggrieved party. However, an application for cancellation for nonuse cannot be lodged until five years have elapsed since the “date of registration” (deemed to be the date of application for registration).

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    It is possible to use them separately only if you have registered them separately.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 10 years from the application date.

  9. When should I pay the renewal fee of my registered trademark?

    A renewal must be filed during the twelve month period expiring with the renewal date.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew for 12 months after the renewal date, with payment of a fine.

  11. What documents are required for filing a trademark or renewal application?

    No documentation is required for renewal.

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