The trademark registration process in Australia is generally divided into the following stages:
Searching is optional, but it is recommended to reduce the risk for objections. Also, searching can alter you to any prior marks that are identical or so similar to yours that you may potentially be sued for trademark infringement.
Furthermore, due to recent Federal Court decisions, undertaking adequate searching prior to adopting a trademark plays an important role in demonstrating good faith adoption for a trademark.
You can file your trademark application by using IP Australia’s eServices platform which is considered as a preferred method. However, the trademark applications can also be filed by delivering in person or by post to IP Australia Office.
All trademark applications are then examined to ensure it meet the requirements for registrability. It typically takes 3-4 months from the filing dates to know the result. In Australia, it is possible to request an expedited examination.
If objections are raised during examination, the applicant will receive an Adverse Report. The applicant will be given 15 months from the date of the Adverse Report to resolve all issues and secure acceptance.
4. Acceptance / Opposition.
Where there are no objections from the government or the objections are overcome, then a Notice of Acceptance will issue.
Once an application is accepted it will be advertised in the Official Journal for a 2 month opposition period in which other parties can formally oppose the registration of the trademark. Note that IP Australia will not advertise an application until at least 5 months after filing date.
If no oppositions are filed, or if an opposition is unsuccessful, your trademark application will proceed to registration. Due to international treaty obligations, around 7 1/2 months from the application filing date is the earliest time for a trademark be registered in Australia.
The term of registration is 10 years from the filing date and the trademark owner can renew indefinitely 10-year periods upon payment of fees.
If you have any questions or concerns about trademark issues, feel free to contact us. MAYGUST TRADEMARKS are happy to assist you!