A Step-by-Step Guide to Trademark Registration in Australia

14 March, 2024

Unsure of the trademark registration process in Australia? Here’s a breakdown of the steps involved and some important things to know.

✅ Step 1: Prepare and File the Application: The required information will be:

✔ Your trademark (logo, word, etc.)
✔Ownership: name of the trademark owner
✔Address of the trademark owner
✔Relevant Australian business number (ABN/ACN) if the business is in Australia
✔The classification of goods/services accurately
✔Government fees and services fees if you use the trademark agent.

Remember to conduct a trademark search beforehand to check for conflicts.

✅ Step 2: Examination: IP Australia checks your application against absolute and relative grounds.

✔Absolute Grounds: Focuses on whether the trademark itself is inherently registrable (e.g., not descriptive or generic).

✔Relative Grounds: Checks if your trademark is too similar to existing registered trademarks that could cause confusion.

✅ Step 3: Advertisement and Opposition:

If your application passes the examination, it’s advertised for two months.

This allows anyone to oppose the registration if they believe it infringes on their rights or the trademark should not be registered.

✅ Step 4: Registration:

If no opposition is filed, your trademark is registered, and you receive an electronic certificate.

The registration is valid for 10 years and can be renewed.

🔔 Important points:

⚡ Trademark registration in Australia typically takes 7 ½ months, even with expedited processing. This is to fulfill IP Australia’s international obligations to allow 6 months for applicants to claim a priority based on an earlier overseas filing date.

⚡Trademark protection starts from the application filing date, not the registration date.

⚡IP Australia considers both absolute and relative grounds during examination.

⚡Classifying your goods/services is crucial:

– Use the “pick list” of approved categories if your goods/services are listed on the website by IP Australia (costs $250 per class). Here is the link of IP Australia to check.

– If your goods/services require a more specific description (not in the pick list), use a custom description and pay a higher fee ($400 per class).

For example: in the Pick list: Legal service is Class 45. But I want to register for ”Monitoring intellectual property rights for legal advisory purposes” which describes my service in more detail. You must use the None Pick list

🔥 You can check the timeframes and fees y using this link.

Remember: This information is for general guidance only and does not constitute legal advice. For specific situations and trademark-related queries, always seek professional legal counsel to ensure you comply with Australian trademark laws and protect your brand effectively.

Need assistance with your trademark registration? Whether you’re in Australia, New Zealand, or beyond, Maygust Trademark Attorneys are here to help. Don’t navigate the process alone – our qualified attorneys can guide you every step of the way.

Need some advice on this?

If you need some more advice in your particular case, we offer a free initial consultation



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