Registering a Trade Mark

• Registering a Trade Mark

  An Australian trade mark registration has effect throughout the whole of Australia. The initial term of registration is 10 years from the date of filing of the trade mark application. Thereafter, the registration can be renewed indefinitely in periods of 10 years each.

  For the purpose of registration of a trade mark, goods and services are classified into 45 classes. An application may nominate goods and services falling into one or more classes. The cost of the application depends on the number of classes nominated.

  Registration procedure

  Once an application has been filed with the Trade Mark Office, it will be examined by a Trade Mark Examiner. If objections to the registration of the mark are raised by the Trade Mark Examiner, a period of 15 months is allowed within which to overcome objections, for example by submitting argument, amending the application or submitting evidence of use of the trade mark.

• If there are no objections to registration, or if the objections are overcome, the application is accepted. The acceptance is advertised in the Official Journal of Trade Marks for three months during which period, any person may oppose the registration of the trade mark.

  If an opposition is filed, both the applicant and the opponent are given an opportunity to lodge evidence. The matter is heard by a delegate of the Registrar of Trade Marks. If there is no opposition, or if the opposition is unsuccessful, the trade mark will be registered upon payment of a registration fee.

  Removal on the ground of “non-use”

  If a registered trade mark is not used during a continuous period of 3 years in relation to the goods or services for which it is registered, any interested person may apply for removal of the trade mark on the ground of “non-use”.

• Australian Trade Mark Registraion

  

• Please click on the links below for further information

  International Trade Marks

  Registering a Trade Mark

  Selecting a Trade Mark

  Trade Mark Searches