Author: Ian Aldridge, Progressive Legal
What is the trademark registration process in Australia?
The full trademark registration process can take a bit of time but it’s well worth the wait.
After reading this page, you’ll understand the trademark registration process in Australia, which process you should choose and why, and how much the process usually costs.
Usually the whole process takes up to 7 months, but by using the headstart process, you can find out whether there are any issues within 5 business days and the rest is just a matter of time.
Standard trademark registration process
For standard trade mark applications, it usually takes around 7.5 months from the date that the trade mark application is filed to the date that the Certificate of Registration is issued.
That might seem like a long time to anyone to obtain protection. But you actually obtain protection as soon as you obtain the filing date of the application. So you have more rights as of that date.
The Process
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.
For more information about trade mark objections, visit our page here, or if you need advice feel free to make an enquiry below.
Headstart Trademark Registration Process
The Headstart application speeds up the examination process to 5 business days. But the entire process is still the same amount of time. It just speeds up the initial examination of the mark. And after 2 months, they simply do a “top-up” search to make sure nothing has changed in those 2 months.
Why is the headstart process so brilliant?
The early assessment allows you to cure any potential defects prior to lodging the formal application (afterwards it can be difficult to amend in any significant way). It’s completely confidential and no-one will see your proposed Trade Mark until you are ready to file. You can also discuss these issues with the assessing officer after you receive the report.
The quick turnaround gives the modern fast-paced entrepreneur more comfort in using their business name / logo / slogan in the marketplace and not having to wait months before the normal application is assessed.
Costs
Check out our prices here and request a quote for your specific needs.
Key Takeaways
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.
The first stage is either an initial headstart application or straightforward application from a pick and mix list of activities and classes. A notice of filing is issued and then a couple of months later, the mark is formally examined.
All going to plan, and if no issues, the mark will then proceed to advertisement for a period of 2 months that allows others to oppose (apparently only 2% of cases are opposed) and then final registration.
Contact us on 1800 820 083 if you require any assistance with filing your trade mark application or simply make an enquiry below to get in touch with out experienced trade mark lawyers.
Trademark Registration Process Video
Trademark Registration Process FAQs
Once IP Australia accepts my trade mark, am I guaranteed to get it registered?
No. Once your application is accepted, you will receive the official Notice of Acceptance. Assuming no objections are raised during examination, you should receive the Notice of Acceptance about 5 months after filing your application.
Your application is then advertised in the Trade Marks Journal and it will be open for public inspection for 2 months. During this time anybody may oppose your application.
If an intention to oppose is filed by a third party, you will receive notification from IP Australia. If no intention to oppose is filed, your application will proceed to registration and the Certificate of Registration will issue around 7.5 months from filing your application.
Are my details open to the public when I file an application?
Yes, once your application has been filed with IP Australia, your trade mark details are uploaded to the IP Australia database for anybody to view. This includes:
- the name of your trade mark
- the goods/services you wish to protect
- the date of filing
- the owner’s name and address
- the address for service
If you are concerned about having your personal details on record, you can use a PO box or if you are engaging a lawyer, you can use their address.
What’s the Advertisement Period?
Once a trade mark application is accepted, the application is advertised in the official Trade Marks Journal. Other people have 2 months from the date of advertisement to oppose the application by filing a notice of intention to oppose
Can I change the name and/or address of my trade mark after filing?
To change the name or address of your trade mark, an online request needs to be made to IP Australia stating the new name and/or address.
If you have changed your name you need to provide evidence to show the change. If it is a minor amendment to your name, no evidence is generally required.
No evidence is required if you are simply updating your address.
Need Trade Mark Registration Help?
Please get in touch with us today via phone or the contact form on this page.
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