Trade Mark registrations in the Australia are governed by Section 52 of the Trade Practices Act 1974.
A straightforward trademark registration will usually take approximately 8-12 months and the valid period of a registered trademark is 10 years.
Details required
To proceed the trademark application for registration in Australia, please provide us the following information:
Search
To ensure your proposed trademark has not been registered in Australia, we will conduct an unofficial preliminary search before any action taken. Apart from the unofficial search, you have the option to obtain an official preliminary advice on registrability and an official search report issued by the Australia Trade Marks Office as to whether in its opinion there is any conflicting prior mark. The official report will be available in 8 working days. The opinion will be given by an examiner on the official letterhead of the Australia Trade Marks Office.
Procedures for Trademark Registration
When we have received your application, we will issue (1) a confirmation letter which summarizes the details and specifications of the application for your final checking and (2) our invoice for your settlement.
Please confirm the application by signing on the letter and return to us by fax or email. The application will be filed one week of receiving the payment of our invoice, and we will report the filing with a copy of the official notice of filing in approximately 2 weeks.
There are 4 stages in the process of examining an application for registration:
If there is no deficiency in your application and all requirements for registration are met, the application will be accepted for registration. If there is no opposition to the trademark application by a third party within the three-month publication period from the publication date, the whole registration process may take as short as eight months from the date of receipt of application.
However, if the Trade Marks Registry does not approve the application and raise objections, it is possible to raise counter objections and persuade the Trademark Registry to withdraw their objections. The application in such situation will take more than 6 months as discussing these objections and counter objections will take considerable time. Otherwise, you may abandon the pending application at no extra-cost.
Validity period of registration
Upon registration, a trademark will last for a period of 10 years dating back to the filing date and can be renewed indefinitely for successive periods of 10 years.
Convention Priority
If you have filed an application in another WTO or Paris Convention country within the last half year, then there is a choice of claiming a right to priority so that the application will be deemed to be filed on the same day as the correspondence application. The application filed should include the certified convention priority document (together with its certified English translation).
Please download application form here.
If you require more information, please contact us at:
| Telephone | : (852) 2384 2288 |
| Fax | : (852) 3011 3245 |
| : info@ebrand.com.hk | |
| Address | : Unit 1501, Jubilee Centre, 46 Gloucester Road, Wan Chai, Hong Kong. |