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Does having a registered trademark in Australia give me any right?
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.
What is the website of the national trademark office?
You may visit the following website for more information: https://www.ipaustralia.gov.au
Is there any need to use my trademark before I apply for registration?
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."
Can a Trademark Application be opposed?
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.
Who can oppose my trademark application?
Anyone has the right to initiate an opposition.
Is it possible to cancel a trademark registration in Australia?
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).
Are there any rights established by having a registered trademark?
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.
Is Australia a member of the Madrid System?
Yes. Australia has been a member of the Madrid System since July 2001.
Do I need to present periodic statement of use
No. Australia trademark law does not require it.
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