Trade Mark Filing Requirements in Australia and New Zealand

Trade Mark Filing Requirements in Australia and New Zealand

Trade mark applications

There are no forms in Australia that require the applicant’s signature at the time of filing.
No Power of Attorney is required.

The following particulars are needed:

1. To enable us to complete the application form (which we prepare and sign):

i) The applicant’s full name and address,

ii) The country of incorporation of the applicant,

iii) A statement of the goods or services in relation to which the trade mark is used or proposed to be used to enable identification of the appropriate class/es to be covered by the application. Fees are incurred for each class. It is no longer possible to file for “all goods and services” in any class. Goods and services must be specified.

iv) In the case of a Convention application, the number(s), date(s) and country of filing of the priority application. A certified copy of the priority application is not required although in rare cases, the Trade Marks Office may request a photo copy of the priority application.

2. An indication of the mark. It is not necessary for us to have a printed sample of the mark if it only
comprises a word. If the mark comprises a device element, a sample of the mark is required.

Trade mark searches

We usually recommend that a search of the Australian Trade Marks Office database be carried out prior to applying to register a trade mark to ensure that the trade mark in question is not already registered or the subject of an earlier trade mark application by another. Search reports are usually provided within five days. When reporting the results of our search we also provide our opinion as to the chances of securing registration and any registrability objections which we anticipate.