Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Australia Trademark Registration
Protect Your Brand in Australia Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in Australia, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in Australia and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in Australia
Discover how our services help protect and strengthen your brand in Australia.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
What is the typical duration for trademark registration approval?
If there are no objections or challenges, it typically takes about 6 months to get a trademark registration approved.
What kinds of trademarks are eligible for registration in Australia?
In Australia, you can register trademarks for various things such as words, names, colors, logos, slogans, specific 3D shapes, sounds, scents, holograms, movements, packaging designs, tastes, and textures.
Does registering a trademark in Australia grant me any rights?
No, you don't need to register a trademark to have rights to it. In Australia, the "First to Use" rule means that the person who uses the trademark first has full rights to it, even if they haven't registered it.
What rights do you gain by registering a trademark?
Registering a trademark grants you the following rights:
- The exclusive right to use the trademark;
- The ability to take legal action against others who use similar marks that could cause confusion;
- The right to ask customs to seize counterfeit goods being imported.
Do I need to use my trademark before applying for registration?
No, you don't need to use your trademark before applying. We can submit it as "Intent to Use." However, if you're already using your trademark, we'll file it as "Actual Use."
If I register my trademark in Australia, will it be protected in other regions as well?
Yes, registering your trademark in Australia also protects it in territories such as Christmas Island, Norfolk Island, and the Cocos Keeling Islands.
What actions are necessary to meet the usage requirement?
To counter a non-use complaint, you only need to make one real sale or use the trademark commercially at least once within three years.
Do I need to provide a Power of Attorney for filing my Trademark in Australia?
No, you don't need to sign a Power of Attorney to file your Trademark in Australia.
Who is allowed to challenge my trademark application?
Anyone can challenge a trademark application.
Can a trademark registration be revoked in Australia?
Yes, a trademark registration can be canceled in Australia for the following reasons:
- Ownership rights;
- The trademark is descriptive;
- The trademark lacks distinctiveness;
- The trademark is deceptive, misleading, or offensive;
- The trademark serves a functional purpose;
- Violation of copyright;
- Rights under Article 6bis of the Paris Convention (famous or well-known trademark);
- Rights under Article 6ter of the Paris Convention (protection of national symbols like flags, coats of arms, etc.);
- The trademark is generic;
- The trademark includes a geographical indication;
- The trademark goes against public policy or moral standards;
- The trademark is illegal (including infringement of registered design rights).
What are the advantages of using a trademark before it is officially registered?
Yes. In Australia, you can become the legal owner of a trademark by being the first to use it or the first to register it, whichever happens first. Additionally, using a trademark can give you rights under common law.
Can you claim priority for a patent application in Australia?
Yes, you can claim priority in Australia if your home country is part of the Paris Convention. If you filed your home application within the last 6 months, you can use that date as your filing date here.
How long will my trademark remain valid after it's registered?
Your trademark will be valid for 10 years starting from the filing date.
What are the steps involved after filing a trademark application in Australia?
Once your trademark application is submitted, the Trademark Office will review it. They will check for things like descriptiveness, distinctiveness, and any conflicts with existing trademarks. If they find any issues, they will notify us, and we will need to respond. After this review, the application enters a publication period where others can challenge your trademark. If there are no objections, your trademark will be officially registered.
What is the duration of the opposition period?
The opposition period lasts for two months starting from the publication date.
Still have questions?