Australia’s strong intellectual property protection regime makes it a key market for international businesses. Securing trademark protection in Australia is vital for protecting your brand. This guide outlines the procedure of trademark application in Australia, detailing the required steps and documents.
What Can Be Registered as a Trademark in Australia?
A trademark in Australia can include any sign that distinguishes the goods or services of one enterprise from those of another. Eligible trademarks include:
- Words, logos, or symbols
- 3D shapes or packaging
- Sounds, scents, and colors (non-traditional marks)
Key Documents Required for Trademark Application in Australia
To file a trademark application in Australia, the following documents are required:
- Trademark Application Form: Submitted to IP Australia.
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filing through a representative.
Step-by-Step Procedure for Filing a Trademark Application in Australia
1. Filing the Application
Submit the application to IP Australia either online or by mail.
2. Examination
IP Australia conducts both a formality and substantive examination to assess whether the trademark meets Australia’s protection requirements.
3. Publication and Opposition
Once the trademark passes examination, it is published in the Australian Official Journal of Trade Marks for a two-month opposition period.
4. Registration
If no oppositions are raised, the trademark proceeds to registration and a Trademark Registration Certificate is issued.
Duration and Renewal of Trademark Protection in Australia
A trademark in Australia is valid for 10 years from the filing date and can be renewed for additional 10-year periods. Renewal must be filed six months before expiration.
Why Choose ASL LAW for Your Trademark Registration in Australia?
ASL LAW provides expert legal services for trademark registration in Australia, guiding foreign businesses through the complex registration process and ensuring that intellectual property rights are fully protected.
For businesses expanding into Australia, understanding the procedure of trademark application in Australia is essential for securing your brand. Partnering with ASL LAW ensures smooth and accurate trademark registration, protecting your intellectual property in this competitive market.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.