Australian Trade Mark Registration
Trade mark registration provides an exclusive right for the owner to use the trade mark in relation to the designated goods and/or services and prevent others from using the same or similar trade marks to yours. The entire trade mark registration process in Australia spans 4 stages, namely filing an application, examination, publication/opposition and registration. It will take at least 7.5 months where the application proceeds smoothly.
Application for Registration
When you apply to register a trade mark, you must provide a description of the goods and/or services you intend to use your trade mark on. These goods or services need to be nominated from one or more ‘classes’ (categories). We will advise you of the number of classes required to be covered by your application before filing your application.
Once a trade mark application is filed, it sits in a queue at IP Australia for up to 3 months before being examined (Standard Application). If you wish to have your application examined sooner than others ahead of you in the queue, ask us to file either an expedited examination request or a Fast Track Application.
Expedited Examination Request
If you have legal or commercial reasons to request your trade mark examined sooner, e.g. pressing launch dates or infringement issues with a competitor, we can request for expedited examination with IP Australia. Once approved, it will shorten the waiting period so you will know the outcome of examination in 4-5 weeks instead of 3-4 months.
Fast Track Application
A Fast Track application, also called a TM Headstart Application enables us to obtain a confidential assessment from IP Australia within 5 business days. This includes whether your trade mark would encounter any official objections on the perspective of an examiner at the Trade Marks Office.
If the initial assessment is positive, the application can be formally confirmed as being filed publicly and an early notice of acceptance is likely to be issued in a couple of weeks. If there was any problem found during the initial assessment, you may amend your trade mark and/or designated goods or services before it being filed publicly (it may subject to additional costs). We will also have an opportunity to have a telephone interview with the examiner to find ways to overcome any barriers you may face with your application at this stage.
As your address for service, we will receive all correspondence from IP Australia on your behalf. In the event an adverse report is issued, we will review and report it to you with our recommendation at no charge. Objections may be simple to overcome or quite complex requiring legal submissions. In any events, we will let you know how much it would cost in responding to an adverse report.
If you have already received an adverse report on your existing trade mark application, please send us an email with a copy of the report and your contact details to firstname.lastname@example.org. We are always happy to review and provide our preliminary advice at no charge.
If you are interested in opposing someone else’s accepted trade mark or if you have received a Notice of Intention to Oppose on your trade mark application, please refer to our Opposition & Cancellation services.