Trademark Registration in .
Australia is considered to be the world’s sixth-largest country by total area. With its abundance of natural resources, the country offers many opportunities for businesses. Australia’s market is quite competitive, and to compete, one has to be distinguished from its competitors. One way of achieving this distinctiveness is to get a trademark registered. Trademark offers numerous benefits for the owner. Through a trademark, a business can protect its brand name, thus protect itself from infringements. A registered Australia trademark becomes an asset of the company, becoming an intellectual property that grants legal protection.
Australia trademark registration services
Trademark can be registered online in Australia through Intellectual Property Australia or IP Australia. To get a trademark registered, certain factors are to be considered. The most essential things to be noted are that the owner must be an individual or a company, an incorporated association, or more than one of these (if there are multiple owners).
To register a trademark:
- The applicant’s address must be from Australia or New Zealand. If it is an international trademark, then it has an exception of International Registrations Designating Australia (IRDAs);
- The trademark cannot be a business or trading name;
- The applicant must be the owner of the business registration;
- If the trademark is owned by a corporation, it must be in the name of the corporation and not in the name(s) of the directors/shareholders;
- The trademark should be registered in the trustee(s) name and not in the name of the trust.
Types of Trademarks
Types of trademarks in Australia
There are different types of trademarks in Australia. Apart from the usual trademark, there are:
- Sound trademarks: This pertains to the sound related to the goods or services
- Certification trademarks: This shows that a trader’s goods or services are certified according to a particular standard
- Series of trademarks: This means that there are more than one but similar trademarks registered on an application
- Movement trademarks: This protects a particular movement or motion in connection with good or service
- Trademarks for plants
- Scent trademarks
- Trademarks for wine
- Colour trademark: This is to protect a specific color(s) in relation to a good or service
- Shape trademarks
Once you have decided the type of trademark you want to register, you can proceed with the registration process. This includes:
How to register a trademark in Australia?
Before filing an application, it is always advised to properly search for the available trademarks and see what trademarks are already used. This gives an insight into what can be a particular reason for a refusal. If an extensive search is done prior to filing for an application, it saves a lot of time, energy, and potential rejection.
Once the search is done, you can start filing for an application online through IP Australia. The application will include a copy of the trademark and the description regarding the goods or services you intend to use your trademark or are currently using on.
Once you have filed your application, IP Australia will examine your application within 3-6 months. You can also get the examination done by giving in a request.
The process is smooth, yet there can be objections from the examiner regarding your application. If that happens, you are provided an opportunity to argue or amend your application to clear out any objections. Once the examiner raises objections, you get 15 months to overcome them. If you cannot clear the objections in these 15 months, you can also request an extension of 6 months, subject to extension fees.
If there are no objections and all the requirements are met, your trademark application will be accepted for registration.
Acceptance and Publications
IP Australia publishes the acceptance of the trademark application on its website. This publication is done for two months and is open to opposition.
In the opposition period, which is two months, third parties are allowed to oppose your trademark registration. If anyone opposes your trademark, you are responsible for defending it within the time frame. If you fail to do so, your trademark registration application might get canceled.
If there is no opposition or if you succeed against the opposition filed, your trademark will be registered officially after the payment of the government fees. After this happens, your trademark gets recorded in the Register of Trademarks, and you are issued a certificate of registration.
Once you receive the certification of registration, your trademark becomes your intellectual property and asset, protected legally.
Price of Trademarks
Trademark registration cost in Australia
There are two ways to register trademarks in Australia; using online standard services or TM Headstart.
The prices for online standard filing include:
- Trademark application with picklist $250 (per class), without picklist $400 (per class);
- Series trademark application with picklist $400 (per class), without picklist $550 (per class).
Picklist assists the applicant in deciding the class or classes the goods and services fall into.
TM Headstart is a pre-application service that allows the applicant to have the trademark registration application assessed for mistakes and errors before filing. The costs of TM Headstart are:
- TM Headstart new request (per class) -> $200
- TM Headstart new representation (per class) -> $150
- TM Headstart addiditonal class fee (per class) -> $200
- TM Headstart Part 2 fee (per class) -> $130
If you register a trademark through means other than electronic/online, like via post, you have to pay a higher fee. A trademark registration application will cost you $450 per class, and a series trademark application will cost you $600 per class.
For different extensions, $100 is charged each month, or for the month the extension is needed.
The fee is $400 for a single class and $400 for an additional class for online trademarks renewal. For means other than online, the fee is $450.
Age of Trademarks
How long does the Australia trademark last?
Trademark in Australia lasts for 10 years and can be renewed after or before that period. Renewal can be done 12 months before the due date or 6 months (known as grace period) after the due date. An additional fee has to be paid if the registration is renewed after the due date.
All in all, it is always beneficial to get a trademark registered early to avoid any problems. If you plan on doing a business distinguished from others, a trademark registration must be one of your priorities.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. Australian trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.