Registering a trademark with IP Australia takes about 7–12 months if there are no oppositions or errors in the application. Complex cases may take up to 18 months.
The deadline for filing an opposition is 2 months from the publication of the application in the Australian Official Journal of Trade Marks.
In Australia, you can register word marks, figurative marks, combined marks, sound marks, color marks, three-dimensional marks, motion marks, holograms, and scent marks, provided they are distinctive and can be clearly represented.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Australia, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $200–400 for one class of goods/services. Additional costs may include fees for extra classes or legal services.
No, use is not mandatory, but non-use for 3 consecutive years after registration may lead to cancellation upon third-party request.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Australia, with its robust legal framework and dynamic market, presents a promising opportunity for businesses aiming to expand internationally. Registering a trademark in Australia not only secures legal protection but also enhances brand value and opens avenues for business growth.
Legal Protection: Registering your trademark grants exclusive rights to use your brand in connection with the goods and services for which it is registered. This legal protection helps prevent unauthorized use and infringement by competitors.
Deterrence Against Copying and Unfair Competition: A registered trademark acts as a deterrent to others who might attempt to copy or imitate your brand, thereby reducing the risk of unfair competition.
Exclusive Right to Use the Brand: Ownership of a registered trademark provides the exclusive right to use the brand in Australia, ensuring that only you can commercially exploit your trademark within the registered classes.
Enhanced Brand Value: A registered trademark adds value to your business by establishing brand identity and consumer trust, which can lead to increased market share and profitability.
Licensing and Franchising Opportunities: With a registered trademark, you can license your brand to others or enter into franchising agreements, creating additional revenue streams and expanding your business reach.
Legal Advantage in Disputes: In case of legal disputes over trademark rights, having a registered trademark provides a clear legal advantage, as it serves as evidence of ownership and exclusive rights.
Pre-Application Search: Before filing a trademark application, it's advisable to conduct a trademark name search to ensure that your desired trademark is not already registered or too similar to existing trademarks. This step helps avoid potential conflicts and rejections.
Filing the Application: Submit your trademark application to IP Australia, the government agency responsible for intellectual property rights. The application must include:
A clear representation of the trademark (e.g., logo, wordmark)
The name and address of the applicant
A list of goods and/or services associated with the trademark, classified according to the Nice Classification system
Payment of the application fee
The standard application fee starts at AUD $250 per class of goods or services.
Examination: IP Australia will examine your application to ensure it complies with legal requirements. This process typically takes 3 to 4 months. If the examiner identifies any issues, you will receive an Adverse Examination Report and have the opportunity to address the concerns.
Acceptance and Publication: If the application passes examination, it will be accepted and published in the Australian Official Journal of Trade Marks. This publication initiates a 2-month opposition period, during which third parties can file objections to the registration.
Registration: If no oppositions are filed, or any filed oppositions are resolved in your favor, your trademark will be registered. The registration provides protection for 10 years from the filing date and is renewable indefinitely for successive 10-year periods upon payment of the renewal fee.
Navigating the trademark registration process can be complex, especially for businesses unfamiliar with the legal intricacies. Without professional guidance, you may encounter:
Application Errors: Mistakes in the application can lead to delays or rejections.
Infringement Risks: Without a thorough search, you might unknowingly infringe on existing trademarks.
Legal Disputes: Lack of expertise can result in challenges during opposition proceedings or enforcement actions.
ProfitMark offers comprehensive support throughout the trademark registration process in Australia:
Trademark Name Search: We conduct thorough searches to ensure your desired trademark is available for registration.
Application Preparation and Filing: Our experts prepare and file your application, ensuring all requirements are met.
Legal Representation: In case of oppositions or disputes, we provide legal representation to protect your interests.
Monitoring and Enforcement: We monitor the marketplace for potential infringements and assist in enforcement actions if necessary.
Experience: Over 13 years of experience in trademark registration across more than 30 countries.
Expertise: A team of international professionals specializing in intellectual property.
Client-Centric Approach: Tailored services to meet the unique needs of each client.
Efficiency: Streamlined processes to ensure timely and successful registration.
Online Services: Convenient online platform for managing your trademark portfolio.
Registering your trademark in Australia is a strategic move to protect your brand, enhance its value, and expand your business opportunities. With ProfitMark's expertise and support, the registration process becomes straightforward and efficient. Don't delay in securing your brand's future—contact ProfitMark today and take the first step towards safeguarding your intellectual property.