Australia

Trademarks can be formally registered in Australia through IP Australia under the Trade Marks Act 1995 (Cth) came in force since January 1, 1996 or left unregistered and based upon an established business reputation or goodwill at common law. Australia is a member of the Madrid Protocol. Trademark protection is obtained by registration.

Trademark registration classification:

Nice Classification

 Requirements:

  • The applicant’s name/ownership details and contact details  
  • A representation of the trade mark
  • List of goods/services according to the International Classification
  • The submission of the Power of Attorney is not required for trademark registration in Australia.  

Procedure:

  • The application is filed at the Australian Government Agency (IP Australia).
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
  • It usually takes three to four months to examine your trade mark application once it has been submitted
  • If accepted for registration, the trademark application is published in the “Australian Official Journal of Trade Marks”.
  • If no opposition is filed, the trademark will be registered against payment of registration fees. Time from filing to registration will be from 18 -24 months.

Duration and Renewal: A trademark registration is valid for 10 years from date of application.The registration is renewable for periods of 10 years.

 

 Fee Structure
          
 More info...
 


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