Overview of Australia Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 7 minutes.

Australia Trademark Registration

A La Carte Trademark Registration Package $299 USD + govt fee

(369.14 AUD)
  • In the A La Carte Package, it includes limited pre-filing review without conflicting mark search of your trademark. A central project manager at LegalForce will be assigned especially for you who will answer your questions and coordinate with you each step of the way. An international attorney who is specialized in trademark law in Australia will coordinate with foreign counsel. You will pay as you go, meaning that whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos (Keeling) Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru, and Tuvalu. After the 2006 merger of the Australian Stock Exchange and the Sydney Futures Exchange, the Australian Securities Exchange is now the 9th largest in the World.

Who May Apply?

A person may apply for registration of a trademark if he or she claims to be the owner and he or she is using or intends to use the mark in relation to particular goods or services, has authorized or intends to authorize another person to use the mark, or intends to assign the mark to a corporate body.

What Can Be Registered?

A trademark may be registrable if it is capable of distinguishing the applicant's goods or services from those of another.

What Cannot Be Registered?

The following are some of the grounds for rejection. An application must be rejected if it cannot be represented graphically. The trademark must distinguish the applicant's goods or services and, therefore, for example, directly descriptive or laudatory marks may be , rejected. Evidence of use may overcome such an objection. An application must be rejected if the trademark contains or consists of "scandalous matter" or its use would be "contrary to law." An application will be rejected if it conflicts with an earlier application or registration. An application will be rejected if there is a "connotation" in the trademark which, when the mark is used in connection to the relevant goods or services, would be likely to deceive or cause confusion. An application may be rejected if the trademark contains or consists of a prescribed sign or a sign or nearly resembling such a sign. Prescribed signs include, for example, the words "Patent," "Patented" and "By Royal Letters Patent." Also prescribed are the words "To counterfeit this is a forgery" or words to the same effect.

Rights

The following acts do not constitute infringement of a trademark: (1) the person uses in good faith the person's name or the name of the person's place of business or the name of a predecessor in business of the person or the name of the predecessor's place of business; (2) the person uses a sign in good faith to indicate the kind, quality, quantity, and intended purpose, value, geographical origin, or some other characteristic of goods or services or the time of production of goods or of the rendering of services; (3) the person uses the trademark in good faith to indicate the intended purpose of goods (in particular as accessories or spare parts) or services; (4) the person uses the trademark for the purposes of comparative advertising; (5) the person exercises the right to use a trademark given to the person under this Act; (6) the Court is of the opinion that the person would obtain registration of the trademark in his or her name if the person were to apply for it; or (7) the person uses a sign in a manner that does not (because of the condition or limitation subject to which the trademark is . registered) infringe the exclusive right of the registered owner to use the trademark. In addition, there is a defence relating to the use of a part of the mark that is the subject of disclaimer. There is a defence arising from the situation where the registered owner has consented to the use of the mark in relation to the goods or services. In certain circumstances the use of an unregistered mark that is substantially identical with, or deceptively similar to, a registered trademark will not infringe where such use has occurred continuously since a time prior to the date of registration of the registered mark, or prior to the use of the registered mark by the registered owner.

Filing Requirements

The trademark must be able to be represented graphically and therefore in the case of sound trademarks, cassette tapes of the sound may also be required. An actual sample of the trademark may be required for three dimensional shape trademarks. For marks consisting of, or containing, a color, scent, shape, sound, or aspect of packaging, the application must also be accompanied by a concise and accurate description. Such descriptions will be entered as endorsements and, taken together with the graphic representation, will help to define the scope of the registration. The size of the representation of the trademark should, where practical, be no larger than 8 cm x 8 cm.

Evaluation & Review

Upon receipt of an application, an examiner reports whether the application is as prescribed and the trademark is capable of registration. A search is conducted. The applicant may amend to remove any objections, but if he does not do so the registrar may direct that the application be amended to his satisfaction within such times as he allows. The registrar may accept the application with conditions or limitations or refuse the application. Acceptance can be withdrawn. Divisional applications may be lodged for: the registration of a part only of the trademark in respect of all or any of the goods andlor services originally applied for; the registration of the mark in respect of some only of the goods and/or services; or, if the initial application has been amended to exclude some of the goods andfor services for which registration was sought in the first place-for the registration of the mark in respect of any or all of the goods and/or services that have been so excluded. A divisional application is taken to have the same filing date as the initial application

Duration

Registration of a trademark is for a period of 10 years from the date of application and may be renewed for 10-year periods. Application for renewal should be made within the 12-month period before the expiration of the last registration.

Use

A mark may be removed from the register if: (1) the mark was registered without an intention in good faith to use it (including intention to use by a body corporate to be formed or a proposed registered user if registration secured on the basis of their intention to use), and in fact there has been no use in good faith earlier than one month before the application for removal; or (2) that up to one month before the date of the application for removal, a continuous period of not less than three years had elapsed during which the mark was registered and was not used in good faith. Nonuse may be excused if the registered proprietor can establish that the mark was not used because of circumstances (whether affecting traders generally or only the registered owner of the trademark) that were an obstacle to the use of the trademark during the relevant period. Use of the trademark with additions or alterations not substantially affecting the identity of the trademark may be accepted as equivalent to use of the trademark. There is a general judicial discretion to refuse removal. Use must be genuine and commercial use. An application for removal of a trademark on the grounds of three years of continuous nonuse may not be made before a period of five years has passed from the filing date in respect of the mark for which cancellation is sought.

Domain Names

No provision

Enforcement

The Australian Custom Service may seize goods bearing a trademark substantially identical with or deceptively similar to a registered mark, following an objection filed by the registered proprietor. Goods that are imported for the personal use of the importer and that are not intended to be dealt with or provided in the course of trade may not be seized. A person lodging a notice for seizure must also provide security to cover any costs that the Australian Custom Service may incur as a result of seizing the goods. After seizing any suspected infringing goods, the Australian Custom Service will issue a formal notification to the objector who then has ten working days, from the date the notification is given, to begin court proceedings for infringement and to notify the Australian Custom Service that such proceedings have been commenced. One extension of time of 10 working days is obtainable. If proceedings are not commenced within the prescribed time, the Australian Custom Service is required to release the seized goods to the importer. Furthermore, if after three weeks from the day on which such action was brought, there is not in force at any time an order of the court preventing the goods from being released, the Australian Custom Service must release the goods to the importer.