Why register a Trademark in Australia?
Registering your name, logo, or tagline, as a Trademark in Australia:
- legally protects your brand;
- gives you legal rights to prevent others using something too similar to your trademark in their business; and
- creates an important and potentially valuable intellectual property asset.
What types of Trademarks can you register?
Trademarks are distinctive signs that indicate the trade source of a good or service. In other words, when a customer sees your Trademark, they think of your business. Trademarks are typically words (like your company name), tag lines (like "just do it") or logos, but can be other things that are sufficiently distinctive like colours, sounds or even movements.
Trademarks which simply describe your goods and services are more difficult, or sometimes impossible, to register. The team at Applied Marks can assist with these more difficult applications.
For what goods and services can you register a Trademark?
Trademarks are registered for goods and services. For example, "Apple, Inc." might register its trademarks for "computers, mp3 players, mobile phones"; "Nike" for "Shoes" and so on. Goods and services are grouped into 45 different classes and your Trademark might be in one or more class depending on the goods and services provided by your business.
But don't worry - the Cleardocs application process makes sure your business description is classified into the correct class.
Who can apply to register a Trademark?
The applicant should be the person who will own the Trademark. Normally the owner will be a natural person (for example, a sole trader or the trustee of a trust) or a registered company. Business names can be Trademarks, but do not own the Trademark - they are not a legal entity.
What is the process for registering a Trademark in Australia?
1. You apply to register the Trademark
Use Cleardocs to apply to register your Trademark. In most cases, after a formalities review, an official application number will be issued by the government directly after your application is filed. The application number will be sent to you by email.
2. Your Application is reviewed by an Examiner
An Examiner at the Trademarks Office will review your application to make sure the Trademark is registrable, distinctive and that it isn't too similar to other existing applications or registrations. Your application will be published on the official register of Trademarks.
If the Examiner accepts your application, the details of your application will be advertised in the Official Journal of Trademarks (different to the register).
Others can oppose an advertised application moving forward to registration. Opposition to a Trademark application is rare - most accepted applications move through to registration after the 2 month opposition period.
3. Your Trademark is Registered
Your Trademark is registered and a Certificate of Registration issued. All Trademarks are registered for 10 years.
How long does the government process take?
Trademark applications are reviewed in order of application. It's therefore important to file your application and receive your application as soon as you've settled on the trademark you'd like to register. The review process and related steps takes a minimum of 7.5 months from the filing date. But when the registration is granted, it's usually granted as from the date of filing.
How much does it cost to register a Trademark in Australia through Cleardocs?
A Trademark application through Cleardocs costs $550.00 inc. GST, which includes the official government fee in one class. Multi-class applications have additional fees.
To maintain registration, Trademarks need to be renewed every 10 years.
Seek legal advice
The Trademark Application information here should be considered general in nature, and in no way interpreted as legal
advice. You must always seek your own independent legal, accounting and financial advice about your particular situation.
The summary on this page is for information purposes only.
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