Our Trademark Filing Packages

Registering your name, logo, or tagline as a trademark in Australia:

• • Provides crucial legal protection for your brand.
  • Grants exclusive rights to prevent others from using similar marks in their business.
  • Establishes a significant and potentially valuable intellectual property asset in Australia.

In Australia, you can register more than just a business name as a trademark. Any sign that helps consumers distinguish your goods or services can be registered. This includes distinctive words, taglines, slogans, logos, and more. Trademarks are registered with IP Australia and recorded on the Australian Trade Marks Register for trademark searches.

Trademarks in Australia can include words, taglines, logos, and other distinct elements like colors, sounds, or movements. However, common signs cannot be trademarked to remain available for all traders to use.

Trademarks in Australia can be registered to distinguish specific goods and services using the Nice Classification system. This classification system ensures clarity and compliance, defining the scope of protection provided by trademark registration.

The applicant must be the rightful owner of the trademark, whether a natural person or a registered company. Business names can serve as trademarks but do not hold ownership of the trademark themselves.

Yes, even if your business has been operating for some time in Australia, registering your trademark provides exclusive rights and legal presumption of ownership, improving protection against infringement and enhancing brand credibility.

An existing trademark registration cannot be modified by adding classes. If you require protection in additional classes, you must file a new application for those classes. Planning ahead of time and incorporating all relevant classes into your initial application can help you save time and money. When choosing classes, consider your long-term business expansion plans.

To determine the correct class, refer to the Nice Classification system, which lists all possible classes and describes each one. You can also use IP Australia’s Australian Trade Mark Search tool or consult a trademark attorney to help you determine the appropriate class for your specific goods or services.

1. • Applying for Registration of Trademark: To register a trademark in Australia, submit an online application to IP Australia, specifying your mark and goods/services. The application undergoes examination and publication. If successful and unopposed, your trademark is registered for exclusive use in Australia.
   • Examination by Trademark Office: An examiner reviews your application for distinctiveness and similarity to existing trademarks. Publication in the Official Journal of Trademarks allows for opposition within two months.
   • Registration of Your Trademark: Upon acceptance and no opposition, your trademark is registered, granting exclusive rights for 10 years.

Yes, you can register a trademark for multiple classes of goods or services in Australia. This increases your protection, but it usually comes with additional fees for each class you want to cover.

The entire process usually takes about 8 months in Australia, ensuring priority rights from the filing date.

Yes, changes like goods/services can be made with a request to IP Australia and payment of necessary fees.

Yes, but risks of rejection are high without legal assistance. Using a trademark attorney ensures a smooth and enforceable application.

Yes, pre-registration use is recommended after clearance searches to identify risks. Enforceability begins from the filing date.

In your trademark application description, describe your trademark (words, logo, etc.) and how you intend to use it. Be specific about the products or services it identifies.

After a trademark application is accepted, third parties have two months to oppose the registration if they believe it infringes on their rights.

Responsibilities include using, protecting, monitoring, and renewing your trademark every ten years to maintain rights.

Enforcement involves legal actions against infringement and defending validity challenges, ensuring your trademark rights are protected.

Costs vary based on infringement severity and legal needs, tailored to each case.

Yes, licensing expands brand reach and revenue with a clear agreement to protect your trademark rights.

Australia utilizes the Madrid Protocol for international trademark registration. To benefit from this, you must file a Madrid application within 6 months of your Australian trademark application.

Yes, formal assignment agreements transfer ownership rights, detailing terms like purchase price and usage restrictions.

Grounds include non-use for three years, bad faith registration, generic use, and infringement of existing rights under Australian law.

If your trademark application is rejected, you can either appeal the decision or amend your application to address the reasons for rejection, such as the likelihood of confusion with existing trademarks.