Step-by-Step Guide - Filing Your Trademark Application in Australia
Trade Mark Application Process
Trade mark registration provides an exclusive right for the owner to use the trade mark in relation to the specified goods and/or services in the country in which the trade mark is registered.
Conduct a Trade Mark Search
Before using a new name or logo, we recommend conducting a trade mark search to ensure that the name or logo is available for both use and registration.
File a Trade Mark Application
The trade mark application includes a copy of the proposed mark to be registered. It will also include a statement of goods and services describing the goods and/or services in relation to which you currently use or intend to use your trade mark. The statement of goods and services will be used to nominate the relevant 'classes' within which the goods and services fall.
The cost for us to prepare and file a trade mark application is $500 (excl. GST) and an official fee of $330 per class of goods and services. Unlike many firms, we do not charge additional service fees for filing in more than one class.
Please fill in our online trade mark application form to file your trade mark application.
The cost for us to prepare and file a trade mark application is $500 (excl. GST) and an official fee of $330 per class of goods and services. Unlike many firms, we do not charge additional service fees for filing in more than one class.
Please fill in our online trade mark application form to file your trade mark application.
Examination
Once a trade mark application is filed, it sits in a queue at IP Australia for about 2-3 months before being examined. However, it is possible to expedite examination if necessary.
The trade mark application will then be examined to determine the registrability of the mark. In order to be registered as a trade mark, the mark must:
If an objection is raised by the Examiner, there will be an opportunity to respond to the Examiner and overcome the objections raised. This usually involves submitting a response providing legal arguments as to why the trade mark should be registered, providing evidence of use of the trade mark or altering the goods and/or services of the application.
The trade mark application will then be examined to determine the registrability of the mark. In order to be registered as a trade mark, the mark must:
- be capable of distinguishing the nominated goods and/or services from those of another trader;
- not be identical or deceptively similar to a pending or registered trade mark;
- not be a descriptive or generic term that other traders would be likely to use in relation to the same kind of goods and services;
- not be scandalous or against the law;
- not be likely to deceive or confuse consumers about the nature of the goods or services.
If an objection is raised by the Examiner, there will be an opportunity to respond to the Examiner and overcome the objections raised. This usually involves submitting a response providing legal arguments as to why the trade mark should be registered, providing evidence of use of the trade mark or altering the goods and/or services of the application.
Acceptance and Registration
Once through the examination phase, the application will then be accepted. The acceptance and details of the trade mark will be published shortly thereafter, and once published, there is a three month period in which other parties can formally oppose the registration of the application. If there is no opposition, then the application will be registered.
Term of the Trade Mark Registration
A trade mark registration lasts for a period of 10 years and can be renewed indefinitely upon payment of renewal fees every 10 years.
Click on flowchart to view a printable PDF version
If you require any further information, or if we can be of further assistance to you, please do not hesitate to contact us.
