AUSTRALIA

• Kinds of Trademarks registrable in AUSTRALIA

  • Following indications may be used as Trademarks in Australia:

    1. Letters
    2. Words
    3. Names
    4. Signatures
    5. Numerals
    6. Devices
    7. Brands
    8. Headings
    9. Labels
    10. Tickets
    11. Aspects of Packaging
    12. Shapes
    13. Colours
    14. Sounds & ScentsCombination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in AUSTRALIA

  • Trademarks must contain the following essential requirements to be registrable in Australia:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
    5. A mark used or intended to be used by the applicant in relation to the goods and services dealt with should be able to distinguish applicant marks from those of the others.
• Kinds of Trademarks not registrable in AUSTRALIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Australia:

    1. Trademarks that indicate the kind, quality, intended purpose or value of the goods or services.
    2. Trademarks that are common surnames or geographical names.
    3. Trademarks that are misleading about the nature of the goods or services.
    4. Trademarks conflicting with prior registered marks.
    5. Words affected by legislation and protected by law.
    6. Non Distinctive marks.
    7. Descriptive words and phrases.

    TrademarkCopia through its associate Law Firms and Lawyers in Australia is at hand to help you with trademark registration and prosecution.

• Trademark Search in AUSTRALIA

  • It is highly advisable to conduct a search prior to filing of the trademarks so as to identify similar and /or identical marks to those of the applicant marks. This is to ensure that there is no conflict.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.v.

    Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Australian Trademark Office.

    Search can be done via the trademarks database ATMOSS.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Australia.

• Trademark Filing in AUSTRALIA

  • Filing is done with the Trademark office of Australia.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA) is not required.
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in AUSTRALIA

  • Once the application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act. If it meets all the requirements of registration, it will be accepted for registration. If not, the applicant is notified of the same with a report setting out requirements if any that need compliance.

    The applicant has a stipulated period of time from the date of the examiner report to respond to compliances.If the trademark application is not accepted and it runs out of time, the application will lapse.

• Trademark Publication & Opposition in AUSTRALIA

  • Once the trademark application is accepted for registration, the details of the application will be advertised in the official Journal of Trademarks. Interested parties may oppose the registration within within two month from the date of the advertisement.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Australia can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in AUSTRALIA

  • If there is no opposition to the application, or the opposition is unsuccessful, the applicant trademark will be registered and Certificate of registration is issued.

• Trademark Usage in AUSTRALIA

  • Pre-Registration: Prior trademark use and evidence of use before filing may assist in enabling registration of some marks that may otherwise not be registrable.

    Post-Registration: If the mark is not used continuously for 3 yrs. post registration, or it is evidenced that the applicant had no intention of using the mark at the time of filing of the application, the mark could become vulnerable for cancellation.

• Trademark Cost of Registration in AUSTRALIA

  • Please write mail for cost of registration of trademark in Australia to the mail address given below:

    contact@trademarkcopia.com