Trademark in Australia
Fees for trademarks in Australia
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Checking prices for first class is $100.00; each subsequent classes costs $90.00
The cost only applies to wordmarks. A figurative element (logo) in the trademark will incur an extra price of $30 USD per class.
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Cost of applications for first class costs $490; each subsequent class costs $440.
In Australia, all government and official costs for trademark services must be paid in AUD. We charge all-inclusive pricing. This means that all necessary official or governmental expenses are included in our prices for Australian trademark services. We accept payments from our clients in USD, EUR, or GDP. All of our services will be explicitly quoted before beginning and our costs are all-inclusive.
Why and Steps for Australian trademark registration
- In Australia, trademark rights may be acquired without registration. A trademark's extensive past usage will be recognized legally and may give the owner the authority to assert certain rights. Also here, trademark registration is strongly advised. The owner's rights are protected by a trademark that has been registered with the Australian Patent and Trademark Office.
- In Australia, the presence of a registered trademark confers ownership. In the event that your brand is used unlawfully, having it registered in Australia will be helpful. The registration symbol ® may be used with Australian registered trademarks. Only the products or services listed in the trademark registration may be used for this.
- When referring to a trademark that is being used in Australia but has not yet been registered, the TM symbol may be used. This is done in order to let people know that the mark is actually being used as a trademark.
- The Australian Intellectual Property Office is the name of the federal agency responsible for trademarks (IP Australia). This government office is in charge of other types of intellectual property IP in addition to trademarks.
- When a trademark is registered in Australia, it is automatically protected in Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands.
The Trade Marks Act of Australia of 1905 established the Australian trademark system. PEPS was the first trademark ever to be registered in Australia. As a cold-treatment medication, this trademark was filed. There are currently over 1 million registered marks. The Trade Marks Act of 1995 is Australia's current trademark law.
Search for trademarks in Australia
All trademarks in Australia that have been registered are tracked by the trademark data bank, which is accessible online. Finding potential identical or similar trademarks is fairly easy with the help of the Australian trademark database. The absence of comparable trademarks in Australia does not guarantee a successful registration. Before moving forward, a trademark lawyer should do a thorough Australian trade mark search report.
- The publicly accessible Australian trademark database will be used in the trademark office search there. However, while evaluating a trademark, more than just trademark similarity will be taken into account to determine if it is registrable.
- The registration authority in Australia will look at a variety of reasons to reject a trademark application. Many of the justifications for rejecting a trademark are also utilized in other nations. Australia does, however, have a few distinct justifications for rejecting a trademark application.
- Typically, last names or surnames are eligible for trademark registration in other nations. If the trademarks office in Australia determines that a surname is widespread, the trademark application will be rejected. If a surname appears on the Australian electoral roll more than 750 times, it will be considered common for trademark reasons.
- Numerous search options are available from iGERENT. Before submitting a trademark application, you can identify any potential problems with it using the search reports we provide. Trademark lawyers created our reports.
Registration of trademarks in Australia
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A business name, product name, catchphrase, logo, color, shape, or even a scent can all be registered as trademarks in Australia.
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In Australia, whether a trademark is filed in color or black and white is typically unimportant. Owners of trademarks are free to use them in whatever color combinations they choose. If the brand's colors are mentioned in detail when the trademark application is submitted, there are exceptional limits that apply.
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A trademark application can be submitted in Australia without any power of lawyer paperwork. A local trademark agent will be required to represent foreign applicants.
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The Australian government's office of intellectual property is where trademark applications are made directly. Through the Madrid System, a trademark application for Australia may also be submitted as an international trademark. Due to Australia's participation in the Madrid Protocol, this is conceivable.
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Before filing or while the application is being processed, it is not necessary to utilize a trademark for the company's goods and services.
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The Australian trademark authority will thoroughly examine a trademark after it has been filed.
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A translation of the terms must be submitted with a trademark application if they contain non-English language. A transliteration and translation of the text will need to be provided if the trademark contains words written in foreign characters.
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The assessment procedure extends beyond simply looking for preceding, comparable trademarks. There are numerous additional reasons to reject a trademark.
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Effective use of the trademark may prove useful if the trademark office originally rejects it; depending on the reasons for the rejection, this may be overcome. This is especially relevant if a negative review citing a lack of individuality is received. In Australia, earlier use of a trademark might help it become distinctive.
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A mark will be published in the Australian Official Journal of Trade Marks once it has successfully passed the examination phase.
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There is a two-month window after a trademark is published in the trade mark journal for opposition.
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The registration of a mark that third parties feel would infringe on their trademark rights is subject to trademark opposition periods. The likelihood of an opposition winning will vary depending on the specifics of each case.
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The Australian Intellectual Property Office will provide a digital trademark certificate of registration once the trademark has been officially registered.
Keeping your registered Australian trademark active
- In Australia, a trademark registration is good for ten years. The ten-year window is measured starting on the application date.
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After registration, your trademark may be cancelled if you don't use it in Australia. A trademark that is not utilized within the first five years of registration may be the target of cancellation efforts. After this, if the mark is not used for more than three years, cancellation actions against it may still be filed.
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Trademarks may be renewed as often as necessary every ten years. A trademark renewal application must be submitted the year before the expiration date. After the Australian trademark expires, there is a term for renewal. After paying additional fees, a 6-month late renewal period is available.
FAQ
In Australia, how can I register a trademark?
Make sure the trade mark you seek isn't already registered before submitting an application for one. Use IP Australia's free trade mark checker tool to see whether any other trademarks are similar to the brand or name you're considering using. You can then submit an application to register your trade mark.
What does it cost to register a name as a trademark in Australia?
In Australia, it takes at least seven months and $250 to register a trademark
Do Trademarks in Australia exist?
One of the few trademark jurisdictions that allows for defensive trade mark registration is Australia. The same rules that apply to conventional trademarks apply to defense trademarks as well.
Is an ABN required in order to register a trademark?
You should have established your business structure and registered your Australian Business Number before submitting an application for a trade mark (ABN). Although it is permissible to apply for a trade mark without providing an ABN, once you have registered the ABN and transferred the trade mark, you will need to update the owner's information.
Is Australia the first country to register or utilize a trademark?
Like Australia, the US grants trade mark protection based on "first to use" principles. This means that if you and another party have a dispute over a trade mark, the person who used the mark first in a business setting is likely to be able to assert rights, even if they didn't register it first.
What are the two requirements for registering a trademark in Australia?
You must meet the following requirements in order to submit an application for a trade mark-
- Should reside in Australia or New Zealand
- Specify in your application the goods and/or services for which you intend to use the trademark.
Is it possible for two businesses to share the same trademark?
Yes, however there are conditions that must be satisfied in order to avoid trademark infringement and establish who is the true owner of the name. These prerequisites consist of: Are the companies located in the same region or industry?
Does the cost of a trademark have to be paid annually?
You must continue to pay maintenance costs once your trademark registers in order to maintain its registration. For further information, see the cost structure and our information on trademark fees.
How much does a basic trademark cost?
You should prepare to pay between $250 and $750 when submitting a federal application to the USPTO to register your company name as a trademark.