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.
When deciding whether to file for either a word mark or logo, it is important to keep in mind that a logo must always be used as it is depicted in your application. In addition, if you file your logo in a particular color in the US, you must always use your logo in that [...]
What is the difference between company name, business name, domain name and brand or trademark? What are different types of company, domain, business or brand names? Let's get the names straight to avoid confusion. Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada). Example: Microsoft Corporation [...]
If you simply business incorporate or register a corporate name, it doesn't mean that the government approved for you to use the name as a trademark. If we take a US LLC, as an example, every state has its own laws about business names. You can register your LLC name in Delaware but the business name registration [...]
Do I have to use my trademark in Australia prior to filing? Do I have to use my trademark after registration?
No use is required for filing or registration in Australia, so long as you have an intention to use the trademark in Australia in the near future. There are no filing bases in Australia just like in the UK and EU. Trademarks must be used in Australia within 3 years of the date of registration. [...]
It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement. To minimize the risk of choosing a trademark that's similar to another name, you should do [...]
In different countries trademark opposition process is different. In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose. In Canada, one has to file a trademark opposition within a 2-month period. In the UK, an opposition period is 2 months but can be [...]
Australia is quite unique as it offers two types of trademark application filings: Standard filing You get an immediate filing date You cannot make changes to your application or list of products/services Your trademark is reviewed after filing Your trademark proceeds through a standard examination process until registration Headstart filing This is pre-application services [...]
It takes a minimum of 8 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It's not uncommon for a registration to take a year or longer. It takes 20 months to register a trademark in Canada. It's painfully slo-o-ow. Don't ask [...]
Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing. In the US, you must renew your trademark every 10 years. The 10 year term is counted from the registration date. In addition, between the 5th and 6th [...]