Protect your business by registering your brands officially with the local trademark office of Australia. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in Australia.
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All fees included
All fees included
Straightforward hassle free services. We strive to make it easy.
Expert AgentsAn IP consultant will be assigned to you, through whom you will be able to request all your IP services
Worldwide ServicesRegardless of the amount of countries you need assistance in, we will be able to cover it. We work in over 180 jurisdictions
No Hidden ChargesAll prices are clear and without hidden costs. We have competitive and straightforward pricing
Free ConsultationOur team is standing by to clarify any questions you may have regarding trademarks and IP in any country of the world
First class $100 – Each additional class $90
First class $490 – Each additional class $440
Our fees are all inclusive. This means our fees for Australian trademark services include all government or official fees that need to be paid. Our clients may pay us in USD, EUR or GDP.
Our fees are all inclusive and all services will be clearly quoted before proceeding.
The average trademark registration process in Australia takes approximately 8 months.
This is an estimate for straightforward cases based on current timelines. The duration may vary depending on the application’s complexity.
No documents are required initially to apply for a trademark in Australia.
Don’t worry — iGERENT’s experts, your trusted trademark registration agents, will guide you throughout the process and notify you if any documents are needed.
All government and official fees for trademark services in Australia must be paid in Australian Dollars AUD.
Registering a trademark in Australia is not mandatory to obtain trademark rights. Extensive prior use of a trademark will have legal recognition and may allow the owner to claim certain rights.
However, trademark registration in Australia is highly recommended for full legal protection. Registration gives you presumed ownership and simplifies enforcement in cases of infringement.
Your registered trademark will cover not only Australia but also territories like Christmas Island, Cocos (Keeling) Islands, Nauru, and Norfolk Island.
The Australian Intellectual Property Office (IP Australia) manages the trademark system under the Trade Marks Act of 1995.
Before filing, we strongly recommend performing an Australia trademark search. Our trademark attorneys thoroughly review existing applications and registered trademarks to ensure your mark has a good chance of success.
The Australian trademark database is publicly accessible, but a professional search covers more than just identical or similar trademarks. Our experts consider additional grounds for refusal specific to Australia, such as common surnames.
An Australian trademark can be registered for a business name, product name, catch phrase, logo, color, shape or even a scent.
In Australia it is generally irrelevant if you file a trademark in color or in black and white. Trademark owners will have the right to use their marks in any combination of colors they see fit. Exceptional restrictions exist if colors of the trademark are specifically stated at the moment of filing the trademark application.
No power of attorney documents are necessary in order to proceed with a trademark application in Australia. Foreign applicants will need to be represented by a local trademark agent.
Trademarks are filed directly through the government office of intellectual property of Australia. Filing of a trademark application for Australia is also possible as an international trademark through the Madrid System. This is possible as Australia is a member of the Madrid Protocol.
It is not necessary to use a trademark for its products and services before filing or during the application process.
Once a trademark is filed it will undergo an in depth examination by the Australian trademark authority.
If a filed trademark includes words that are not in English translation of the words will need to be accompanied. If a trademark consists of words in foreign characters a transliteration and translation of the words will need to be presented.
The examination process is not limited to checking to see if prior similar trademarks exist. Numerous other causes for refusing a trademark exist. If a trademark is initially refused by the trademark office, depending on the reasons for refusal this may be overcome.
Effective use of the trademark may prove useful. This is specially true when an adverse report is received for the grounds of lack of distinctiveness. Distinctiveness of a trademark may be acquired in Australia through prior use.
Once a mark successfully passes the examination stage it will be published in the Australian official journal of trade marks.
Once a trademark is published in the trade mark journal there is a 2 month period to oppose the trademark. Trademark opposition periods allow for third parties to prevent the registration of a mark that they believe affect their trademark rights. Chances of success for an opposition will vary in each case depending on the circumstances.
Once the trademark is successfully registered, the Australian Intellectual Property Office will send a trademark certificate of registration in digital format.
A registered trademark in Australia is valid for 10 years from the application date. To maintain protection:
Australia recognizes 3D trademarks, protecting distinctive product shapes and packaging. Applications must include multiple views (front, side, top) and, if color is claimed, clear indications in the design.
Examiners closely scrutinize 3D trademarks for distinctiveness. If your mark lacks inherent distinctiveness, evidence of market use can help establish acquired distinctiveness.
For complete protection, consult iGERENT’s trademark filing services. Our trademark services in Australia ensure your application meets all requirements and help you navigate the process with confidence.
Get started with your trademark registration in Australia today. Our experts are ready to help!
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