Every trademark application must list the specific goods and services that the trademark will cover. Products belong to classes 1 to 34. Services belong to classes 35 to 45. Products are tangible, you can touch them. Services are intangible. Below is a rough classification (class headings) just to give you an idea of general categories [...]
It is generally difficult to register geographical names as trademarks in Australia, particularly where these geographical words have an obvious connection with the goods or services being trademarked. For example, the word MAATSUYKER describes a series of small uninhabited islands off the coast of Tasmania. The trademark office has previously rejected an application for the [...]
In Australia a merely descriptive trademark is one that has no "adaptation to distinguish" your goods and services from those of other businesses. Some examples of such "merely descriptive" trademarks include words which are used for the normal description of the goods or services. An example of this is the word "GIANT" in relation to [...]
Both surnames and full names are able to be registered as trademarks in Australia, but you may face difficulties. For example if your surname is very common (like "Smith") or if it has multiple meanings (like "Green"), your trademark may be rejected.
Given that Australia does not require proof of Intent-To-Use prior to accepting trademark applications, the filing of multi-class trademarks is a much simpler and less risky proposition than in other countries. The only major pit-fall of multi-class trademark applications in Australia is that you only have three years after the filing of the trademark to [...]
Yes, divisional applications are possible at any stage whilst your trademark is pending. A divisional application will share the same priority date as your initial "parent" application.
In Australia, a trademark can be refused on several grounds including: - where the trademark conflicts with another registered trademark; - where the trademark is misleading or likely to cause confusion; - where the trademark is scandalous (containing obscenity or offensive material); - where the trademark is not capable of distinguishing your product or service.
Australia uses the international trademark classification system, just like the EU or the US.
With an affluent population and good business conditions, Australia is an attractive market for expansion of your business. Registering your trademark in Australia is a vital step in preparing for your entry into the Australian market. If you believe that you may want to reach customers in Australia at any stage in the future, it [...]
Yes, it's possible to claim priority in your Australian trademark if you have filed an application for a trademark in another country within the past six months. Please have a look at our cartoon about priority claim here.