Trademark Registration in Australia

Trademark Registration in Australia

Trademarks are a form of Intellectual Property Rights that are a boon to any entrepreneur who aspires to create their brand identity. You spend hours trying to come up with a unique mark to represent your business. Furthermore, you spend years willing to build goodwill and reputation around it. As a result, protecting your brand mark becomes your foremost responsibility. Fortunately, we have trademarks to legally grant you the exclusive rights to make use of your mark.

Here is a definitive guide for the trademark registration process in the Intellectual Property Office of Australia.

Filing an application in Australia

The Australian Intellectual Property Office offers a pre-application service known as TM Headstart.

TM Headstart

It is a quick assessment service that lets you know if your trademark is registrable. Besides, this search will give you an indication of any conflicting marks and potential issues you may face during the registration process.

Trademark applications through TM Headstart have a 2-part payment process. Firstly, you will pay the initial part 1 fee while registering for the service. Then, the examiner will assess your mark and share a detailed report. You will have a duration of 5 working days to lodge the necessary amendments or pay the part 2 fee. Now, the examiner will reassess and send in a new report. However, you will have five more days to file the necessary amendments. These deadlines are crucial because failing to adhere to them will discontinue your registration process.

You can make only minor changes to your application after paying the part 2 fee. The TM Headstart does not asses marks with unique signs, certification trademarks, series trademarks, divisional applications, defensive trademarks, and collective trademarks. Moreover, the filing date of your application starts only when you pay the part 2 fee.

Other modes of filing

Applicants who need the filing date straight away can opt to apply through the standard eServices online.

We can file a trademark application in Australia by post too. You can either download the application form from the website and fill in the details or request a form by dialing 1300 651 010. Finally, you can then mail the application form with the payment to:

The Registrar of Trade Marks IP Australia
PO Box 200 Woden ACT 2606
Australia 4.

They also have a virtual assistant, Trademark Assist, that guides you in the trademark registration process.

Cost of a trademark application in Australia

While filing your trademark application, you have to choose the description of services and goods that apply to your business. The trademark office categorizes them into several classes. The Trademarks classification search database has snapshots of goods and services in each class. Besides, they also contain a picklist with over 600,000 services and goods. Also, if your trademark is for goods and services within the picklist, your application becomes eligible for a discount.

You can find the application costs for different forms of filing below:

TM Headstart Application fees

Application fee for standard filing

Examining your trademark application

You can fast-track your application and request for an early examination. You have to submit a declaration with the reason for ‘expediting’ the examination process through eServices or post. The Australian IP office does not charge anything to expedite your examination. However, the office grants permission if they find that delays in processing your application can cause serious commercial or other disadvantages.

Once you complete your filing process and your application, the examiner will assess to check if it complies with the Trade Marks Act, and the examiner issues a report in case of any objections. Then, you have 15 months to make the necessary amendments and ensure the examiner accepts your application. However, you can request an extension of up to six months if needed. Moreover, you have to pay an extension fee and file for an extension before the date mentioned in the examiner’s report.

Opposing your application

Once the examiner accepts your application, the office publishes your trademark in the Australian Official Journal of Trade Marks. Any third party that believes your trademark is not registrable has a period of two months from the publication date to file their opposition. Then, you have to submit relevant evidence supporting the registration of your trademark.

Trademark registration in Australia

If there is no opposition or you have overcome all opposition against your application, your trademark will proceed for registration. The office registers your trademark once you pay the registration fee. You have to pay the registration fee within six months from the date of acceptance of your trademark. Finally, you will receive your registration certificate from the office.

Your trademark registration is effective from your application filing date and is valid for ten years. Hence, you should renew it once in ten years to extend your protection.

A trademark registration certificate will provide you with legal evidence of the ownership of the mark. However, enforcing your exclusive rights is your sole responsibility. As a result, the trademark owner has to keep watch for any infringements in the market. The trademark registration procedure in Australia is equipped with artificial intelligence databases to smooth your registration process. Hence, businesses in Australia have to make the best use of their trademark system to establish their brand in the market.

[cherry_button text=”Need help to file trademark in Australia? Reach Experts!” style=”info” centered=”yes” fluid_position=”right” icon_position=”top” bg_color=”#2065cc” color=”#ffffff” min_width=”33″ target=”_blank”][/cherry_button]