Your trademark registration will be processed in Australia through the following steps:
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
Yes, your trademark will be valid in Australia and other territories like Christmas Island, the Norfolk Island and Cocos Keeling Islands.
No, for filing your Trademark in Australia, you do not need to provide a Power of Attorney.
Yes. In Australia, the first to use a mark or the first to file for registration, whichever is earlier, is the authorized and legal owner of the trademark. More so, common law rights are acquired through use of a mark.
Yes, third-parties may attack you legally on the grounds of non-use. Avoid this by using your registered trademark within 3 years. Take note also that formal application for cancellation of trademark due to non-use cannot be filed until 5 years have already passed from registration date.
You may register the following types of trademark: words, names, colors, devices, slogans, certain three-dimensional shapes, sounds, scents, hologram, motion, trade dress, taste, and touch.
After we have filed your trademark application, the Trademark Office will examine the documents. Several elements will be reviewed such as descriptiveness, distinctiveness, and conflicts with other previous registrations. If any problem is discovered, a notification will be sent to us and we will have to reply to it. After the examination phase, a publication period will be the next step. In this phase, third parties can oppose or contest your trademark registration. In case there are no objections from other companies, then that is the time your trademark will be registered.
Two months from the date of publication.
Yes, Australia does use the "Nice Classification". You can check your trademark class by visiting our Trademark Class Search tool.
Yes, if your home country is a member of the Paris Convention. If the home application date was filed within 6 months preceding the application in this jurisdiction, it can be claimed as the filing date.
A genuine single sale or one commercial use within the three-year period is sufficient to defeat a non-use complaint.
Your trademark validity will last for 10 years, from the filing date.
Every 10 years.
Yes, it is legal to use an unregistered trademark for any goods or services.