Trademark application Australia

Trademark registration Australia

Register your trademark in Australia online in 3 steps…

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Free trademark search

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Over 150,000 researches

We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

1500+ trademarks per year

Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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With our unique fee calculator you can determine in 2 minutes in what countries worldwide you want to register based on your needs and budget.

What are the costs of a trademark registration in Australia?

The costs of trademark registration in Australia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.

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How do you get a trademark registration in Australia?

In Australia it is not necessary to obtain the rights to a trademark through registration. Intensive use of it can also lead to legal recognition and the appropriation of specific rights by the entrepreneur. Nevertheless, registering a brand name in Australia is highly recommended. This gives you an extra guarantee of your rights. Registered marks are especially useful when your trademark is used by third parties without permission. Incidentally, it is not necessary to already use a trademark at the time of application.

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What sets the Australian trademark application apart from many other countries?

As a foreign applicant, you must be represented by a local trademark agent. The nice thing about an application in Australia is that you do not need any proxy documents. What is also different compared to most other countries is that a registered trademark is allowed to use the ® symbol. This may of course only be used in connection with the goods or services that you have in your Nice classification.

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Australian Intellectual Property Office

The government agency responsible for trademarks is the Australian Intellectual Property Office, IP Australia for short. This office is responsible not only for brands, but also for other areas of intellectual property. When the procedure is completed, this also gives you protection on Christmas Island, the Cocos (Keeling) Islands, Nauru and Norfolk Island.

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For which things can you register a trademark in Australia?

You can register a brand name for a company name, product name, slogan, logo, color, shape and even a fragrance. In Australia it does not matter whether your application for a trademark is made in color or in black and white. As the owner of a brand you have the right to use it in any color combination you wish to use. Restrictions on this only apply if the colors of the brand are specifically named at the time of completing the application form.

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The trademark search

If you want to register a trademark in Australia, you must have carried out a thorough trademark search prior to your application. This by consulting the online and publicly accessible Australian database. Within this database it is easy to find identical or very similar brands. Please note: the fact that there are no similar brands does not in itself guarantee success. It is best to have the trademark search carried out by a trademark expert before you proceed with your application.

It is not only the similarity with other brands that can throw a spanner in the works when applying for a trademark registration in Australia. There are some unique reasons for denying an application. One of those reasons is the use of surnames, at least when they are common. If the surname appears more than 750 times in the civil registry, it cannot by definition be used as a brand name.

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Steps of the process to apply for a trademark in Australia

Checking existing trademarks is only a small part of the process. But extremely important.The distinctiveness of your product or service is also examined. When you have submitted your application, a formal investigation will be carried out. The duration of this depends on the nature of your application. When you successfully complete this initial research phase, IP Australia will publish your application in the Australian Official Journal of Trade Marks. Any third parties will then have two months to file an objection against the registration of your trademark.

During these two months, IP Australia also conducts a substantive investigation into the legal existence of your brand. If your brand is accepted, it will be published again. After that, it will take another seven months for the organization to officially register it. IP Australia uses this time to check whether international agreements are being met. After completing the process, you will receive a digital certificate from IP Australia.

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What is the validity of a trademark in Australia?

When you successfully registered your trademark, this is then valid for ten years. This period starts on the day you submitted the application, not on the day it was granted. If you do not use your trademark five years after the registration date, you run the risk of it being canceled. Brand names can be renewed every ten years, each time for the same duration and as often as necessary.

The application for extension must be made in the year before the end date. After the expiration of your rights, a grace period of six months applies: an extension can still take place, provided you pay higher costs.

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Australia and an International trademark registration

You can apply for a trademark in Australia at a national level, but since Australia is a member of the Madrid Protocol, you can also obtain trademark rights through international application. You then turn to WIPO in Geneva.

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Trademark registration Australia