A registered trademark is a crucial business tool to safeguard your brand identification and intellectual property. If you successfully register a trademark, you will have the only right to use, sell, license, and take legal action to stop others from using the mark. Registering your distinctive features under the company’s trademarks is essential if you want to safeguard your position in the market.
Trademarks are used to protect a company’s and its goods’ identities. Because all major brand names use IP protection, like trademarks, it not only helps secure your business but also increases its worth.
It may be a lengthy procedure to register a trademark with IP Australia and involves many factors and possible traps that could result in failed registrations. Therefore, hiring a trademark attorney to guide you through this procedure is advantageous.
Trademark Registration Proceeding
Through IP Australia, the Australian trademark registration procedure is carried out. IP Australia governs all intellectual property registered in Australia.
A few days after submitting a typical trademark application, you will get a notice of filing. IP Australia will confirm that the mark has been applied and will give you a priority date.
The mark will next undergo a formal examination by a trademark examiner, typically taking 2 or 3 months. At that time, the examiner will state if IP Australia has any objections to the mark or whether it believes anybody else would.
It might take some time to complete the registration procedure for a trademark, but the wait is well worth it. You begin to amass more privileges as soon as the application is submitted, up to registration and beyond. You also get priority rights during that period that you would not otherwise have.
Period to Oppose
In Australia, you have two months from the publication date of the acceptance announcement to begin the procedure. There must be a Notice of Intention to Oppose filed. A person is referred to as the “Opponent” once they submit a Notice of Intention to Oppose.
The potential Opponent must submit a Statement of Grounds and Particulars to the Australian Trade Marks Office within one month of submitting the Notice of Intention to Oppose (IP Australia).
Trademark Validity
In Australia, there are no formal fees associated with trademark registration. Ten years after the filing date, trademark registration in Australia is considered active. Within 12 months of the validity term expiring, trademarks may be renewed for subsequent ten-year terms. Within a grace period of six months, late payments are allowed, with the payment of a proportional premium for each month or portion of a month that has passed.
Requirement of Use
Before the issuance of a registration, there is no need to provide evidence of using a mark. If a third-party file a removal application, a mark that has been registered for three years or longer and has not been used for three years may be vulnerable to removal on the grounds of non-use. To oppose the removal application, the owner must demonstrate the use of the mark in the three years that ended one month before the removal application was filed. When the Australian application is submitted within six months of the date the initial overseas application for the mark was submitted, convention priority may be claimed from the foreign application or registration.
We file application to trademark business name Australia. We have trademark attorneys in Melbourne, Sydney, Perth, Brisbane. Our lawyers can register a brand, logo at low cost.
An Australian trademark may cost $250 in application fee and $450 additional class fee.
Contact us for Patent registration in Australia also.