Australian Trade Marks

General Information

DeadlineWhen a deadline falls due on a weekend or holiday, you may file by the next working day after the deadline without any loss of rights.
ApplicantThe proprietor of the mark, who may be either an individual or a Corporation. Joint applicants are permitted.
ClassificationThe Nice classification is used. Multiclass applications are available.
SeriesAre available, but only minor variations will be accepted as a "series", e.g. the same trade mark in different colours or colour(s) plus black and white.
Black & WhiteTrade marks registered in black and white cover all possible colour combinations.
ExaminationAutomatic, no request is needed. It is difficult to obtain registration of:
  • descriptive words
  • laudatory words
  • surnames (unless very rare)
  • geographical place names
MarkingAdvisable but not compulsory. Recommended marking "Registered Trademark + Registration Number" or ®.
Term10 years from the date of filing the application, renewable for multiple further 10 year periods.
Non-useTrademarks are open to attack by interested parties if not used for a continuous period of more than three years.
LicensesMay be registered.
Certification Trade Marks and
Collective Trade Marks		Can be registered in Australia - please contact us for filing requirements.

Australian National Trade Mark Application

Filing requirements
1. Trade Mark to be registeredWe require one clear representation of a logo mark. This must be provided electronically.
If the mark contains words having a meaning in a language other than English, a translation (and transliteration where necessary) must be provided before acceptance.
2. Information
  1. Full name, street address and legal status of applicant.
  2. Specification of Goods/Services for which the mark is to be registered.
  3. Date and country of application from which Convention priority is claimed (if applicable).

NOTE
An Authorisation form signed by applicant and a Convention priority document are not required for new applications, but an Authorisation may be required when taking over an existing case (custom form provided by email within one working day).

Australian Designation of International Registration under Madrid Protocol

Australia is a member of the Madrid Protocol, and International Registrations can designate Australia.

We can take over agency for an Australian designation.

Requirements

  1. Madrid International Application Number (or Australian Application Number)
  2. Authorisation of Agent
    • Custom form provided by email within one working day
    • No legalisation required
    • Scanned copy acceptable
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