Trademark Registration in Australia

Australia Trademark Registration – How to Register and its Benefits

Why do you need a Trademark registration in Australia?

A trademark attorney will process a trademark registration in Australia by performing the below steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Australia, it is important to find all probable obstacles that could hinder the registration process. This study helps in making a list of all similar trademarks (graphically or phonetically) that might conflict with the one selected by you

Step 2. Request of Trademark Registration:

The next step is that an attorney files for your particular trademark registration in Australia and fulfils all needed steps in the Trademark Office for getting approval of registration. After the trademark is filed, the filing report with the application number, date, and a scanned copy of the complete application is sent to you.

Will I have any right after having a registered trademark in Australia?

Yes. You need to register your trademark first before you can get any right.

Can someone oppose a Trademark Application?

Yes, it can be opposed on the basis of the following:
  • Violation of proprietary rights
  • Bad faith
  • Descriptive or non-distinctive mark
  • Resemblance with a notorious mark
  • Trademarks that can go against the Australian laws

If I get trademark registration in Australia, will any rights get established?

Yes, the following rights get established by registration:
  • Exclusive usage of the trademark
  • Oppose any conflicting or similar trademark applications
  • Take legal action for any infringement
  • Get compensation for infringement
  • Allot license to third-parties to use the trademark
  • Appeal to seize fake goods from customs authorities

Is trademark registration could be cancellable in Australia?

Yes, it basis on following steps:
  • Descriptive and non-descriptive mark
  • Deceptive, misleading and functional mark
  • Copyright breach
  • Article 6bis & 6ter of paris convention
  • Generic and contrary of law

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 9 months, provided no objections or oppositions happen.

If I register my trademark in Australia, do I have protection in other territories?

After trademark registration in the Australia, it will get protection in Christmas island, Norfolk Island and Cocos keeling Island.

What are the various kinds of trademarks permitted to be registered in Australia?

  • Words
  • Colours
  • Slogans
  • Scents
  • Holograms
  • Motions
  • Touch
  • Names
  • Trade dress/get-up
  • Devices
  • Three-D shapes
  • Taste
  • Shapes

Which kind of trademarks are not registrable?

  • Opposing moral standards
  • Anything that is a threat to public order
  • Generic marks
  • Applications in bad faith
  • Words which are illegal in the Australia
  • Does not have distinctive qualities
  • Considered as geographical names
  • Illegal use of flags/symbols or names of any global organization and states/nations

Post the trademark registration in Australia, for how many years is it valid?

The initial term of a trademark registration is 10 years (calculated from the application date).

When will I have to renew my trademark?

Renewals can be done every 12 months from the last renewal date.

What would be the renewal date for a trademark?

The first renewal date is after 10 years from the application date.

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

There is a grace period of 6 months.

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