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Check if your trade mark is available. Before applying for a trade mark, you should do a search to make sure the trade mark you want isn’t already registered. IP Australia’s free TM checker tool gives you an indication of existing trade marks that might be similar to your proposed brand or name. From there you can apply to register your ...

Step 2. Check you're eligible . To apply for a trade mark, you must: Reside (or have an agent that resides) in Australia or New Zealand, and; Intend to use the trade mark for the goods and/or services in your application.

The trademark registration in Australia is valid for ten years from the filing date. Trademarks may be renewed for consecutive periods of ten years within 12 months before the expiry of the validity term. Late payment is possible within a six-month grace period by paying a corresponding surcharge for each lapsed month or part thereof.

For a trademark to be eligible for registration, it has to meet specific criteria, one of them being distinctiveness. As the purpose of a trademark is to distinguish a recognisable source of goods or services to the customer, only a sign with at least a minimum level of a distinctive character can achieve this purpose without consumer confusion.

Step-by-Step Process of Trademark Registration in Australia Step 1: Conduct a Preliminary Trademark Search in Australia. Conducting a preliminary search is recommended to ensure your trademark’s availability in Australia. Time Estimate: 2-4 weeks. Step 2: File the Trademark Application in Australia. Submit your application to IP Australia.

The registered trademark gives you exclusive rights to use, license, or sell the trademark within Australia across the goods and/or services specified. Renewal of Trademark Registration: Trademarks must be renewed every 10 years to maintain protection. IP Australia will send reminders when the renewal date approaches.

In Australia, trademarks are classified into 45 different classes, each representing different goods and services. ... It is important to renew your trademark registration every 10 years to maintain your protection. Conclusion. Having a registered trademark gives you control over how it is used and presented in the marketplace. It provides you ...

Applying to register a trade mark in Australia Obtaining an Australian registered trademark online is straightforward. To obtain a trademark for your business name or logo, you will need to file an application through IP Australia's online portal .

After reading this page, you’ll understand the trademark registration process in Australia, which process you should choose and why, and how much the process usually costs. Usually the whole process takes up to 7 months, but by using the headstart process, you can find out whether there are any issues within 5 business days and the rest is ...

How To Register A Trade Mark in Australia. Step 1 – Trademark Search. We consider that a trade mark search should head your ‘to do’ list when considering a new name for a business, company, product or service. If your preferred name is too similar to other Australian trade marks you could not only have difficulties in securing rights, but ...

Complete this form when applying to register a trade mark. tm00001_0719 PDF | 1MB. How to submit your form. There are two ways to submit your form. ... present and emerging. IP Australia acknowledges Australian Aboriginal and Torres Strait Islander peoples’ unique cultural and spiritual relationships to the land, waters and seas and their ...

If your trade mark isn't opposed, or you overcome oppositions, we'll register it and update this in the Australian Official Journal of Trade Marks and the Australian Trade Mark Search. A trade mark registration provides 10 years' protection from the filing date. Once registered, it's your responsibility to manage and maintain your trade mark.

A Guide to Trademark Registration in Australia with the Intellectual Property Office (IP Australia) Introduction. In 2024, Australia stands out as a premier choice for entrepreneurs and business ventures, offering an enticing blend of favorable business conditions, competitive tax policies, and a dynamic innovation ecosystem. Despite recent ...

Typically, most Trademark applications are for 1 or 2 Classes. So your IP Australia Trademark application and registration fees typically cost $250 – $500. And these fees will be payable once every 10 years. Note: No GST on IP Australia Trademark application and registration fees are charged.

IP Australia will also object to your application if your trade mark is the same or similar to an existing trade mark on the register. You can use the TM Checker tool or this quick search tool to see whether others have registered your trademark by inputting key search terms or uploading an image, such as a logo.

The registration is valid for 10 years and can be renewed. Important points: ⚡ Trademark registration in Australia typically takes 7 ½ months, even with expedited processing. This is to fulfill IP Australia’s international obligations to allow 6 months for applicants to claim a priority based on an earlier overseas filing date.

2. Classify Your Trade Mark Into One of the 45 Classes. When you apply to register your trade mark, you must provide a description of the goods and services you provide. In Australia, you can use the trade marks classification search to determine the relevant goods and services class. There are 45 different classes.

Trademark registration in Australia. If there is no opposition or you have overcome all opposition against your application, your trademark will proceed for registration. The office registers your trademark once you pay the registration fee. You have to pay the registration fee within six months from the date of acceptance of your trademark.

But only a full trade mark registration will provide you with the maximum protection. At Progressive Legal, we provide businesses with an exceptional Australian Trademark Registration service. Get in touch with us on 1800 820 083 or feel free to make an enquiry below