Starting Business provide services for companies and individuals seeking Australia trademark registration. Our professional and skilled consultants have a wealth of experience in all areas of intellectual property law in Australia and dedicate a particular focus on Australia trademark requirements for registration. We are fully equipped to assist you in trademark search, registration and renewal.
IP Australia is the registry charged with the responsibility of registering Australia trademarks and is a government agency in association with the Department of Industry, Tourism and Resources. The process for registering an Australia trademark commence with an application for registration to IP Australia. The mark will then be examined for compliance with trademark requirements and if the mark is available – will then be registered. The trademark is published for a period of 3 months to allow time for any opposition to be heard against the registration of the mark.
An Australia trademark must be capable of being represented graphically, be available for registration and be distinguishable. It can consist of personal names, words, numerals, letters, shapes or designs, or a combination thereof. Applications must include; representation of the mark, details of classes, description of the goods or services and a translation of the mark where it is submitted in another language. All Australia trademarks have the opportunity to be checked prior to submitting the application, with TM Headstart. TM Headstart is an effective database allowing owners of a mark to ascertain if the mark is available.
The validity period of the mark is 10 years from the date of registration with the opportunity for renewal every 10 years thereafter. Renewal is permitted provided the mark has been used in a “bona fide way”, this will ensure the mark is not at risk of removal from the trademark database on grounds of non-use.
The trademark law in Australia is based on the Trademarks Act 1995 (Cth). IP Australia administers the Trademarks Act 1995 and aims to ensure that all registered marks comply with the requirements as laid out in the act.
The Trademarks Act 1995 provides details on what defines an Australia trademark, what constitutes infringement and the applicable defenses and remedies which can be sought.
Starting Business can provide comprehensive consultation on your Australia trademark registration, from assisting you with the initial search to administering the relevant documentation. We are experienced in all aspects of Australia trademarks from the initial designing process to ensuring successful renewals.
For more information on how Starting Business can assist you with your Australia trademark, use our Contact Form.