The Australian trade mark registration process is conducted through IP Australia.
IP Australia is the governing body of all registered intellectual property in Australia.
After filing a normal trade mark application, you will receive a notice of filing within a few days. You’ll obtain confirmation from IP Australia that the mark has been applied for and a priority date allocated.
From there, it usually takes 2 or 3 months for the mark to be formally examined by a trade mark examiner, at which point they will indicate whether IP Australia has any objection to the mark, or if IP Australia thinks anyone else would have an objection.
If all clear, then it proceeds to the advertisement stage for a period of 2 months, which allows others the opportunity to object to the mark if they have an objection.
If there is a problem with the mark at the examination stage, an examination report will be provided and give you the opportunity to respond to the objections depending on what they are.
The whole process usually takes 6 or so months but it is well worth the wait to have your intellectual property secured and you receive priority rights the day you file the application.
The most commonly trade marked items for most Australian businesses are the business name, logo, tag-line / slogan / by-line / slap-line, and derivative product names.
We charge a flat fee $850 + GST + government charges.
Be very wary of those law firms or IP attorneys that charge per class. We understand why they would do this in that it takes a bit longer for each application when extra classes are added and activities need to be identified. However, in our experience, it doesn’t truly represent the real time involved. Additionally, it provides further disincentive for clients to get the protection that they need.
The government charges are $330 per class per application for a headstart application and $250 per class per application for a straightforward application.
Get in touch if you’d like a quote for your trade marks.
The full process of obtaining a registered trade mark can take a bit of time but it’s well worth the wait. As soon as you file the application, you accrue further rights all the way up to registration and afterwards. It also means that during that time, you gain these priority rights which you would otherwise not have.
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