Obtaining trademark rights in Australia is a relatively straightforward process when enlisting the assistance of a specialist attorney or professional consultancy firm. A trademark can only be registered if it complies with the relevant requirements laid down by the Intellectual Property office in that jurisdiction, and if the trademark seeks international protection it must meet the requirements of each individual country.
How to register an Australia Trademark
In order to register an Australia trademark the mark must be unique, not in use, distinctive and bare no similarities to other registered marks. Provided the mark is capable of graphical representation and comprises of either one or a combination of the following; personal names, words, numerals, letters, shapes or designs, the mark can seek official registration. It should be noted that no Australia trademark can be offensive or confusing to the general public, nor can it be a mark in common use.
Once a trademark search (conducted through TM Headstart database) determines that the mark is available for registration, the mark is filed to the IP Australia registry for official registration. If the trademark obtains approval for registration the owner of the mark is issued with a set of exclusive right of the trademark which means no other party can use the mark or a similar mark without the permission of the registered owner.
It is important to remember that your Australia trademark must comply with the relevant Trademarks Act 1995 and provided the mark is used in compliance with the relevant regulations, it is available to renewal every 10 years.
See our Australia Trademark Registration services page to learn how we can assist you.