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The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
Yes, your trademark will be valid in Australia and other territories like Christmas Island, the Norfolk Island and Cocos Keeling Islands.
No, for filing your Trademark in Australia, you do not need to provide a Power of Attorney.
Yes. In Australia, the first to use a mark or the first to file for registration, whichever is earlier, is the authorized and legal owner of the trademark. More so, common law rights are acquired through use of a mark.
Yes, third-parties may attack you legally on the grounds of non-use. Avoid this by using your registered trademark within 3 years. Take note also that formal application for cancellation of trademark due to non-use cannot be filed until 5 years have already passed from registration date.
You may register the following types of trademark: words, names, colors, devices, slogans, certain three-dimensional shapes, sounds, scents, hologram, motion, trade dress, taste, and touch.
After we have filed your trademark application, the Trademark Office will examine the documents. Several elements will be reviewed such as descriptiveness, distinctiveness, and conflicts with other previous registrations. If any problem is discovered, a notification will be sent to us and we will have to reply to it. After the examination phase, a publication period will be the next step. In this phase, third parties can oppose or contest your trademark registration. In case there are no objections from other companies, then that is the time your trademark will be registered.
Two months from the date of publication.
- Generic terms;
- Names, symbols, flags or of states, regions, nations, or of international organizations;
- Any marks or signs that are contrary to Australia’s moral standards and/or public order;
- Sufficient evidence that you are exclusively using the mark in Australia prior to date of application.;
- Non-distinctive trademarks;
- Marks that function primarily as surnames. You can have it registered as long as you can demonstrate that it has capability of becoming distinct;
- Marks that function primarily as geographical names or locations. It can be registered as long as you can demonstrate its capability of becoming distinct.
Yes, Australia does use the "Nice Classification". You can check your trademark class by visiting our Trademark Class Search tool.
Yes, if your home country is a member of the Paris Convention. If the home application date was filed within 6 months preceding the application in this jurisdiction, it can be claimed as the filing date.
A genuine single sale or one commercial use within the three-year period is sufficient to defeat a non-use complaint.
Your trademark validity will last for 10 years, from the filing date.
Every 10 years.
Yes, it is legal to use an unregistered trademark for any goods or services.
No, it is not required to register a trademark in order to establish right. The "First to Use" jurisdiction gives the person that uses first the trademark full rights over it even if he has not filed for registration.
You may visit the following website for more information: https://www.ipaustralia.gov.au
No, we can file it for you as “Intent to Use”. On the other hand, if you are already using your trademark, we will file it as "actual use."
Yes, it can. Here are some grounds for opposition:
- Proprietary rights;
- Conflict in registration, another company has registered the trademark at an earlier date;
- The mark is too descriptive;
- The mark is not distinctive enough;
- The mark is misleading, deceptive or disparaging;
- The mark is functional;
- Breach of copyright;
- Well-known mark, rights under Article 6bis of the Paris Convention;
- rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags and other State emblems);
- The mark is generic;
- The mark consists of a geographical indication;
- The mark is scandalous, against public policy or principles of morality.
Anyone has the right to initiate an opposition.
Yes, it is on the basis of:
- Propriety rights;
- The mark is descriptive;
- The mark is not distinctive;
- The mark is deceptive, misleading or disparaging;
- The mark is functional;
- Breach of copyright;
- Rights under Article 6bis of the Paris Convention (notorious or well-known mark);
- Rights under Article 6ter of the Paris Convention (protection of State emblems such as flags, armorial bearings, etc.);
- The mark is generic;
- The mark consists of a geographical indication;
- The mark is against public policy or principles of morality;
- The mark is contrary to law (including breach of registered design rights).
Trademark registration provide the following rights:
- Exclusive rights to use the registered trademark;
- The right to file for an infringement case against third-parties that use confusingly similar marks;
- The right to request for seizure by customs authorities for importation of counterfeit goods.
Yes. Australia has been a member of the Madrid System since July 2001.
No. Australia trademark law does not require it.
Within 12 months prior to expiration date.
Every 10 years from the filing date.
No documentation is required.
A grace period of 6 months is provided but you have to pay additional fees.