Australia Trademark Registration
To register a trademark in Australia, an application must be filed with IP Australia, the government authority responsible for administering intellectual property rights. Trademarks in Australia are classified under the Nice Classification system, which is an international standard for categorizing goods and services.
Trademark Registration Process
Trademark Search
Before filing for a trademark, it is advisable to conduct a search to ensure that there are no similar trademarks that might conflict with your application. However, it is an optional procedure for filing the trademark application.
Time frame: 5 – 7 working days
Trademark Application
Once a trademark application is filed, it undergoes examination by IP Australia, which includes both formality checks and substantive examination. If any objections are raised, the applicant must respond within the time period specified by the examiner; otherwise, the application may lapse.
If the application is accepted, it will be published in the Australian Official Journal of Trade Marks. After publication, any third party may file an opposition within two months. If no opposition is filed, the trademark will proceed to registration and a certificate of registration will be issued electronically.
Time Frame
The processing time from application to registration may take about 9 – 12 months. However, if there is an objection from the Australia trademark office or opposition from anyone else, it may take longer.
Validity of Registration
A registered trademark is valid for a period of 10 years from the date of application, and it can be renewed every 10 years.
Requirements For Trademark Application in Australia:
- Applicant’s name, address and nationality;
- Representation of trademark;
- Classes and Description of goods or services;
- Certified translation and transliteration if the mark contains non-English words;
- If the applicant claims convention priority, a certified copy of foreign application is required (with English translation).
