Can an individual register a trademark in Australia?

27 October, 2022

The answer is yes. You can register your trademark under an individual name. In Australia you can be an individual or a company (Section 27 of Trade Marks Act 1995) to register your trademark. More details, an applicant for registration of a trade mark under section 27 may be:

an individual,
a company,
an incorporated club or association,
an incorporated entity or any combination of these who together own a trade mark.

Note that: Applications for collective trademarks however will continue to be capable of being owned by an unincorporated association.

Name cannot be the trademark applicant?

Applications lodged in the name of trusts, business names, trading styles, unincorporated associations, clubs, partnerships or societies will not be allowed because they do not have a legal personality.

What should I do in those scenarios?

In the case you have use the name of trusts, business names, trading styles, unincorporated associations, clubs, partnerships or societies, you are possible to request an amendment (rather than an assignment) to replace the name with one that does have legal personality (e.g. the name of the owner behind the business name).

But remember

Be careful when requesting for amendment to an applicant’s name as in some cases the amendment will not be allowable if you cannot provide the appropriate link or relationship between the name appearing on the application without legal personality and the proposed new name with legal personality.

Notes

The earliest time for a trademark to be registered in Australia is 7 and a half months.
Once you receive an adverse report (refusal), you have 15 months to respond. You can request for extension of time within the first 21 months from the first adverse report by filling a written report. If it is beyond 21 months from the first adverse report, you have to file a declaration.
You can conduct a trademark search before lodging the application by using the databased of IP Australia or WIPO.

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