Australia trademark registration timeline [You Asked]

Last updated : Aug 16, 2022
Written by : Keith Maraia
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Australia trademark registration timeline

How long does trademark registration take in Australia?

It will take a minimum of 7 and a half months to register a trademark in Australia. Finding out as much as you can about trademark registration can help to clarify and map out a timeline to complete this process.

How long does a trademark take to be registered?

The trademark will be advertised for up to two months, although other businesses may request that this is extended to three months to allow them time to review the trademark registration.

How long is the trademark opposition period in Australia?

Importantly, any opposition you file must be made within two months of the trade mark you wish to oppose being advertised as accepted in the Australian Official Journal of Trade Marks. The first step to oppose an accepted trade mark is filing your notice of intention to oppose and paying the relevant fee.

How long are trademarks good for in Australia?

In Australia, trade mark registration usually lasts ten years. However, there is a six month grace period after the date your registration expires in which to renew your trademark.

How do you know if your trademark has been approved?

How do I check the status of my application or registration? Use the Trademark Search and Document Retrieval (TSDR) system to retrieve status information and to review all documents currently in the record for pending applications and registered trademarks.

Why do trademarks take so long?

It's all a matter of doing thorough research, taking the time to prepare a strong and complete application, and responding promptly to any concerns. The two most common reasons that trademark registrations are delayed are: Trademark Office Actions.

Can you use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

Is Australia a first to file country?

Australia is therefore considered to be a "first to use" country – that is, a country which gives priority to those who are the "first to use" a particular trade mark in Australia "as a trade mark" in relation to goods or services, and can demonstrate evidence of that use, even if another party has applied to register ...

Can a registered trademark be challenged in Australia?

The answer is yes. So simply put, any party can oppose a non-use removal. It just so happens that most of the time it's the trade mark owner that would want to defend their trade mark but any party can submit an opposition to defend the trade mark.

Can a trademark be opposed after registration?

Time Limit for Trademark Opposition After the trademark advertisement in the Trade Marks Journal, any person can oppose the trademark registration for three months (which may be extended by a period not exceeding one month).

How often do trademarks need to be registered and updated in Australia?

A trade mark registration may be renewed every ten years. Fees are applicable (see below). There is no limit to the number of times a trade mark registration may be renewed.

Do I need to trademark my business name Australia?

Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company.

How do I lodge a trademark in Australia?

  1. know the type of trade mark you're applying for.
  2. understand the classes of goods and/or services your trade mark should be registered for.
  3. take note of the class number (heading) and the goods and services terms before you start the online application.

How do I register a brand name in Australia?

You must register a business name through the Australian Securities and Investments Commission (ASIC). Registering your business name through ASIC gives you the right to trade under that name. Importantly, you are not allowed to register a name that another business has already registered.

How much is ASIC annual fee?

A proprietary company - $290. A special purpose company (proprietary) - $59. A special purpose company (public) - $55. A public company - $1,346.

Do I need to trademark my business name and logo?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

How do I track a trademark status?

  1. Access the IP India Website.
  2. Select National/IRDI number.
  3. Provide the trademark application number.
  4. View the trademark application information.

What happens after your trademark is approved?

After your trademark is approved for publication, your trademark is published in our weekly online Trademark Official Gazette. Your trademark hasn't yet registered. Publication begins a 30-day period during which any member of the public who thinks they'll be harmed by the registration of your trademark may oppose it.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

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Australia trademark registration timeline

Comment by Jodi Cosenza

hi everyone thanks for joining us today for legal visions trademarks 101 webinar my name is rebecca jones and i'm a registered trademark attorney and practice leader in the trademark team at legalvision my name is gracie chen and i'm a lawyer in legal visions ipt specializing in trademarks so our team works closely with a range of clients from startups to enterprises and assist with many aspects of ip and trademark protection including brand protection advice drafting and filing trademark applications in australia internationally responding to trademark objections and enforcing trademark rights in australia today we're going to take you through some trademark fundamentals we'll discuss the life cycle of a trademark some common pitfalls we'll also discuss some practical steps that you can take to protect sorry to protect and enforce your trademark rights we should have time for some questions at the end so please feel free to send these through as we go all right so we'll jump right in um and we'll start with looking at what actually is a trademark so a trademark of any sign that you use to distinguish your goods and services from those of other people and can be a word business name logo slogan color sound and even a smell the most common trademarks that a business will initially protect are the business name and logo and as your business grows however you might find that there are other aspects of your branding that form a large part um of your business and identity it should also be protected so an example of this is mcdonald's so they have the name mcdonald's registered as a trademark um the golden arches symbol and the slogan i'm loving it these are all separate trademarks that mcdonald's uses to represent their company and rent yeah mcdonald's is a great example to demonstrate the different trademarks that a single company can own and have a reputation in so another example of this is nike so this company owns separate trademarks for its business name nike it's tick or swish logo and the slogan just do it as gracie mentioned all sorts of signs can be registered as trademarks some examples of the more unique or non-traditional trademark registrations are cadbury's colored trademark for the colored people in relation to chocolate products and nokia's sound trademark for the well-known nokia ringtone as gracie noted the most common trademarks are a business or product name a logo or a slogan the other more non-traditional trademarks are relatively uncommon particularly set or smell trademarks in fact there are only two of these types of trademarks on the register in australia one being for the smell of eucalyptus applied to golf teas and the other being for the smell of cinnamon applied to furniture products so you might have seen the tm or r symbol used next to a trademark so the tm symbol is used when you want to claim rights in a trademark and can actually be used anytime before registration so if you're yet to apply to register your trademark or it's pending with irp australia you can use the symbol to show the public that you consider the mark as a trademark once citroen mark is officially registered and you've received a registration certificate from if you australia you can use the r symbol so displaying the r symbol can be important for putting competitors on notice of your registered rights in a trademark yeah as gracie mentioned the arsenal can only be used on trademarks once they have been registered and some people don't realize that it's actually an offence under the trademarks act to use the r symbol on an unregistered trademark so it's definitely worthwhile to know the difference now a common area of confusion for businesses is the difference between business name registrations and a trademark say you're establishing your business you've incorporated your company you've registered your business name with ethic and you've secured the top level domains for your name people are often surprised to learn that taking all of these steps doesn't necessarily mean you will be able to use your trademark the business name registration helps you to comply with essex requirements but it does not give you any separate rights in the name as a trademark although your trademark and your business name registration will often match a business name registration and a trademark registration are two entirely different things it's not compulsory to register your trademark although it is certainly best practice to obtain trademark registration and there are a number of important benefits and protection flowing from registration which gracie will discuss in a moment i also just wanted to mention that aside from trademark registrations there are also unregistered trademark rights that can exist so trademark rights can begin accruing from the moment you first adopt and use the trademark in relation to your goods or services so if you if you have commenced use before registering your trademark you actually might have started accruing rights in the trademark as you built up your reputation in the name as mentioned it's still best practice to register your trademark yeah that's a really good point um and as a couple benefits of trademark registration a registered trademark maximizes your brand protection and affords you with a number of rights both legal and non-legal first and foremost having a registered trademark provides you with an exclusive legal right to use that trademark in connection with the goods and services it's registered for so as rebecca mentioned having a business name registration doesn't provide this right so this means that you would have the power to commence action against anyone who is using the same or a similar trademark to you in connection with similar goods and services competitors are less likely to copy or misuse the trademark that's registered and without trademark registration it might be more difficult to stop those parties from copying your friend trademark registration also creates a financial asset that you can license and sell to third parties so you should ensure that you have registered rights to a trademark first before giving someone else permission to use that trademark so this would be relevant if you franchise your business for example to ensure that you have maximum control over how your franchisees will use your trademarks and branding on a similar note you shouldn't be selling a trademark to someone else without having trademark registration in place this is particularly relevant should you ever want to sell your business and it's something that a purchaser will want to know before buying business trademark registration is also important for attracting investment for your business in fact most investors will want to know if you have trademark protection for your brand because it increases your brand's credibility and reduces the risks of disputes with competitors so this means that investors can invest in your business with a greater sense of security and finally registering your trademark will significantly increase your businesses professional image and reputation being able to promote your tradem

Thanks for your comment Jodi Cosenza, have a nice day.
- Keith Maraia, Staff Member

Comment by mediamisfitH

trademarks are a great way to protect your brand they're an important piece of intellectual property which help to distinguish your products goods and services from your competitors trademarks can include things like logos taglines or brand names however not everything is capable of being protected errors or delays in your application can be costly it's important to make sure you file your trademark as soon as possible to avoid a similar trademark being registered first you can do searches to see registered and unregistered marks in australia they can help to identify marks which may be identical or similar to yours you may need to amend your trademark if there is a confusingly similar one in the same category as yours after you determine whether you have a trademark that you want to protect and you have conducted a thorough search you can apply for registration in one or more classes that relate to the goods and services you provide there are two ways by completing a pre-filing assessment or completing a full application with a pre-filing assessment ip australia's trademark examiners will contact you within five working days of the application to advise whether your full trademark application has a good chance of being successful with a full application ip australia will contact you with a notice of acceptance or an examination report while the application is pending you can legally use the trademark symbol once you receive the certificate you can legally use the registered trademark symbol you'll need to renew your trademark every 10 years if you have any questions about registering a trademark get in touch with legalvision

Thanks mediamisfitH your participation is very much appreciated
- Keith Maraia

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