Australian Trademark Registration

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Release time:2016-07-03

1.The need to register a trademark in Australia

In Australia, like most common law countries, the law provides protection for both registered trademarks and used but unregistered trademarks. However, the two protections are very different: if an unregistered trademark is used by another person, a counterfeiting action can only be brought under common law. In this case, it is necessary to prove that the counterfeit trademark has a certain popularity, and the use of others may cause confusion or deceive the public. This process of proof is difficult and costly.

 

If a registered trademark is used by others without permission, the trademark owner can file an infringement lawsuit, which makes the procedure much simpler.

 

2.Validity Period of Registered Australian Trademark

Renewal is made every ten years, and applications for renewal can be made twelve months before and after the due date. However, an extension fee is required for applications made within the next twelve months.

 

3.Special Disable

Ordinary names may not be registered as trademarks.

 

4.Other information

The trademark must be used or it may be revoked. The application is reviewed approximately 10 weeks after submission and the objection period is three months. If there is no objection or the objection is rejected, the application will be approved for registration, and the original application date will be the date of the right to start.

 

5.Documents or information required to register an Australian trademark

1. Name, address and place of registration of the applicant (if the applicant is a company)

2. Six trademark pattern (if not pattern, only one)

3. A detailed list of the products or services with the trademark to be registered and the categories to be registered

4. If the trademark to be registered is not in English, an English translation must be attached.

5. Priority documents, such as application for priority registration

6. Application documents do not need to be notarized

7. No need to provide a sample of the use of the trademark

 

6.Time required to register a trademark in Australia

If you apply for express registration, you can complete the registration procedure in 7 months. Customers do not need to pay additional fees for express registration service. However, you need to submit a letter to the relevant authorities detailing your reason for requiring express service. Otherwise, the entire registration process takes 12-20 months.

 

7.Validity Period of Trademark Registration in Australia

Each registration is valid for 10 years from the date of submission of the application.