Australia has a relative novelty requirement which means that the design must be new and distinctive in Australia (ie. no use in Australia or documentary publication anywhere) at the time of filing the application, or at the priority date of the application (for overseas clients).
Infringement searches should be carried out prior to using or adopting a design.
It is also noted that different countries may use different names for protection of the visual appearance of an article and advice should be sought from a registered patent attorney prior to any searches being conducted.
Searching is a specialist task and it is recommended that searches be carried out by a registered Patent Attorney.
Links to searchable design databases
Please click on the links below for further information
We engaged Cullens to petition the Australian trade mark office for an abandonment of a mark held by a Fortune 500 company in the USA.
Unless Cullens were successful in their petition, Ballard would be shut out of the Australian market with one of our best brands, Columbia Bicycles.
Our attorney was successful with our petition and the job was performed quickly and thoroughly. Our attorney kept us continuously updated as the case proceeded.
Thanks to Cullens fine work, Ballard is now able to sell Columbia Bicycles to Australian consumers. Thanks Cullens!
Ronald J. Horta, CEO and General Counsel to Ballard Pacific Resources
Hydrus Technology engaged the services of Cullens to assist Hydrus in protecting its Intellectual Property for a very complex Electro-Chemical process.
Hydrus was impressed by the way in which the appointed Cullens’ representative was able to very quickly and easily understand the technology and the requirements of the Company. More importantly, through Cullens’ in depth understanding and broad knowledge of the science and the Patent market, they were able to provide considerable value towards the Patent process, allowing us to protect our rights to the greatest extent possible.
We highly recommend Cullens for their proactive approach, detailed knowledge, the speed with which they address matters together with their very reasonable and transparent pricing model and fees.
David Cam, Chief Executive of Hydrus Technology
"We found Cullens not only to be outstanding professionals, but in our experience
they had no hesitation in going the extra mile.
They are friendly, accommodating, diligent and extremely hardworking.
Their communication was excellent and they kept us fully informed throughout the whole legal process.
I would have no hesitation in recommending Cullens Patent and Trade Mark Attorneys."