Trademark registration in Australia

24 October, 2022

Filing requirements in Australia

• The mark (word/logo)
• The applicant’s name
• The applicant ‘s address
• Classification of goods/services
• Priority claim, if any
• Note that: No POA is required.

Examination, publication, and opposition of a trademark application in Australia.

Step 1: A formal examination. The trademark examiner will examine the distinctiveness of the trademark and search for prior trademarks.

Step 2: If accepted for registration, the trademark application is published in the “Australian Official Journal of Trade Marks”.

Step 3: There are two months from the publication of acceptance date for any third parties to oppose the trademark application.

Step 4: If no one opposes, the trademark will be officially registered. No registration fee is required.

Renewal

A trademark may be renewed for consecutive periods of 10 years within 12 months before, or six months after the expiry date. Late payments apply for renewals within six months after the expiry date.

Note that: once six months have elapsed and the trademark has not been renewed, it will be removed from the register. It means you will lose all rights of that trademark.

Use requirement

No evidence of use is required as the time of lodging the application.

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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