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Norfolk Islands Trademark Registration 

Note that, in order to obtain protection in Norfolk Islands, you must register your trademark in Australia; there is no local trademark for Norfolk Islands.

A trademark attorney will process your trademark registration in Norfolk Islands through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 9 months, if no objections or oppositions arise.

     

  • If I register my trademark in Australia, do I have protection in other territories?

    Yes, your trademark will be valid in Australia and other territories like Christmas Island, the Norfolk Island and Cocos Keeling Islands.

  • Do I need to sign a Power of Attorney?

    No, for filing your Trademark in Australia, you do not need to provide a Power of Attorney. 

  • Are there any benefits from using a trademark before registering it?

    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.

  • Will there be problems in case I don’t use my trademark after registration?

    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.

  • What types of trademarks can be registered in Australia?

    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.

  • What are the phases of application after a trademark has been filed in Australia?

    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.  

  • How long is the opposition period?

    Two months from the date of publication.

  • What type of trademarks are not registrable?
    • Generic terms;
    • Names, symbols, flags or of states, regions, nations, or of international organizations;
    • Any marks or signs that are contrary to Australia’s moral standards and/or public order;
    • Sufficient evidence that you are exclusively using the mark in Australia prior to date of application.;
    • Non-distinctive trademarks;
    • Marks that function primarily as surnames. You can have it registered as long as you can demonstrate that it has capability of becoming distinct;
    • Marks that function primarily as geographical names or locations. It can be registered as long as you can demonstrate its capability of becoming distinct.
  • Does Australia use the "Nice Classification" system?

    Yes, Australia does use the "Nice Classification". You can check your trademark class by visiting our Trademark Class Search tool.

  • Is there any possibility to claim priority in Australia?

    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.

  • What do I need to do to satisfy the use requirement?

    A genuine single sale or one commercial use within the three-year period is sufficient to defeat a non-use complaint.

  • Once my trademark has been registered, for how many years will be valid?

    Your trademark validity will last for 10 years, from the filing date.

  • What will be the renewal date of my trademark?

    Every 10 years.

  • Is it legal to use my trademark even if it is not yet registered?

    Yes, it is legal to use an unregistered trademark for any goods or services.


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