Australia Trademark Registration
To register a trademark in Australia, the application must be filed with the IP Australia. Trademarks are classified according to the Nice Classification system, which is an international classification system used to classify goods and services for trademark registration purposes.
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 submitted, it undergoes a two-part examination process, which includes formalities checks and substantive examination. If the application is objected to, the applicant must respond to the objection within a specified time frame, otherwise, the application may be considered abandoned. If the application is approved, it will be published in the Official Journal, and other parties have a two-month window to oppose the registration of the trademark. If there is no opposition, the trademark will be registered, and a registration certificate will be issued.
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 your mark consist of non-English words;
- If the applicant claims convention priority, a certified copy of foreign application is required (with English translation).
