Australia
Fees for registering Australia trademarks
First class：
?
Additional class：
?
Renewal:
Service Process
Trademark registration time
The current trademark regulations in Australia are mainly based on the Trademark Act, which was promulgated on October 17, 1995 and revised on February 27, 2020. The Australian Intellectual Property Office is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Australian trademark registration adopts the principle of "use first".
Australia is a signatory to international intellectual property treaties such as the Paris Convention, the Trademark Law Treaty, the Singapore Treaty, the WIPO Convention, and the Nice Agreement. It is also a member of the Madrid Protocol, so trademark registration can be processed through either "single country registration" or "Madrid International Registration".
Trademark Registration Process
Currently, Australia adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Australia include: text, name, graphics, slogan, color combination, scent, sound, hologram, dynamic image, etc.
If the applicant does not reside in Australia, they can entrust a specialized agent in their home country to handle the application, or submit the application directly to the Australian Intellectual Property Office, but must provide a local address. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, the country of priority, application number, and application date must be provided; If there is a prior trademark during the examination process, the examiner may request priority proof documents and corresponding English translations.
The main process of applying for registration of an Australian trademark is: application acceptance examination announcement approval issuance. The application will be accepted within 3-4 days after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement.
The objection period is within 2 months from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Australia takes 8-10 months; If things don't go smoothly and there are objections or rejections along the way, the time will be extended and may take about 2 years.
Trademark registration materials
The Australian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. The trademark lacks distinctiveness;
2. Same or similar to a previously applied or registered trademark;
3. The trademark is similar to a well-known trademark in Australia;
4. Malicious registration;
5. Anyone who uses a trademark without intention or in good faith may apply for revocation at any time.
6.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
Start Your Trademark Business
Start Registration
do not understand? Contact us
do not understand? Contact us
do not understand? Contact us
do not understand? Contact us