Trade Mark Processes in Australia

Trade Mark Processes in Australia

IP Australia examines each trade mark application before the trade mark is registered, to ensure it satisfies the legal requirements relating to trade mark registration.  IP Australia will object to registration of a trade mark if it does not comply with the registration criteria set out in the Trade Marks Act.

If IP Australia raises objections to registration, the trade mark owner will have an opportunity to respond and attempt to address the objections.  As we are specialists in this area we can assist and help overcome these objections.

Once IP Australia accepts an application for registration it will be advertised in an official journal.  A third party can oppose registration of a trade mark within two months of the advertisement date.  The trade mark will otherwise be registered approximately ten weeks after the advertisement date, subject to payment of the official registration fees.

More information on the time frames to register a trade mark in Australia can be found here.

Information required for Trade Mark registration

Davies Collison Cave will require the following information from you in order to register your trade mark in Australia or New Zealand.

  1. The applicant’s full name and address.
  2. The class for the goods or services. There are 34 classes of goods and 11 classes of services for which registration can be sought. A single application can cover goods and services in a number of classes. We can assist you in identifying the correct class(es) in which to register your trade mark.
  3. A clear copy of the trade mark, if it is not in plain block letters. For trade marks which contain or consist of sounds, scents, shapes, colour or aspects of packaging, both a graphic representation and a concise and accurate description of the trade mark must be included in an application for registration.
  4. Should the applicant be claiming priority under an international convention the date of filing, country and application number in the convention country from which priority is claimed.