Register Trademark in Australia2023-04-10T13:05:49+00:00
register a trademark in Australia

Trademark registration in Australia

>>>Don’t skip on trademark registration here if you trade in Australia<<<

Register a trademark in Canada
Register a trademark in the US
Register a trademark in the UK
Register a trademark in the EU
Register a trademark in Germany
Register a trademark in India
Register a trademark in China
Register a trademark in Mexico
Register a trademark in Japan
Register a trademark in Brazil
Register a trademark in South Korea

Register a trademark in Australia; if you are thinking about it, then you are in the right place. Trademark Angel offers very competitive prices and is capable of doing all types of trademark work in Australia. The Trademark registration process is quite similar to the Canadian process with some notable differences.

Important highlights of the Australian registration process:

  • There are two types of applications available: Standard and Headstart.

  • With a Standard application, your application is assigned a serial number and examined after filing.

  • With a Headstart application, your trademark does not appear in the system until itโ€™s reviewed by an examiner and you’ve decided to proceed with publication and advertisement of your trademark.

  • With a Headstart application, your trademark will be examined within 5 working days of request and you can talk to the examiner to address any problems. It means your trademark is assessed prior to filing.

  • Your trademark is reviewed on absolute and relative grounds and it can be refused if there is a similar mark or if the mark is merely descriptive.

  • No specimens of use or dates of use are required.

  • For a straightforward trademark application, you are looking at 8 months before your trademark registers.

We have a designated Australian practitioner so we can take care of all your legal needs in Australia, from filing to opposition and litigation. We can also help with other legal matters related to register a Trademark in Australia.

In addition, we can also register your trademark in New Zealand. Our professional fees are the same in New Zealand as they are in Australia.

Pricing of Our Packages

The prices are in USD$ for Australia

The same pricing applies to Australia and New Zealand

SAIL THROUGH

$445
  • Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

ALL IN

$775
  • Covers full trademark registration, including reporting and responding to non-substantive examinerโ€™s objections and free re-filing.

BELLS AND WHISTLES

$1325
  • Covers full trademark registration, including reporting and responding to all examinerโ€™s objections. Re-filing guarantee.

Details about pricing packages

Government fees are not included in our packages and are extra

Upgrades

Upgrade 1

$330
  • Upgrade โ€œSAIL THROUGHโ€ package to โ€œALL INโ€ package

FAQs

Can you register my trademark in New Zealand?2021-06-04T10:15:17+00:00

We can register your trademark in New Zealand. We don’t have a dedicated page for it, but please feel free to check out our prices on our Australian page.

Within 15 working days after filing, New Zealand Trademark Office (New Zealand Intellectual Property Office) will examine your trademark to make sure it complies with all the requirements. If there are issues regarding your application, a compliance report will be issued outlining the objections to give you the opportunity to respond. If accepted, your trademark will be advertised for opposition purposes in New Zealand trademark Journal.ย  The opposition period is 3 months.ย  If no oppositions are filed, your trademark will register.

On average, it takes 5-6 months to register a trademark in New Zealand.

A trademark can be renewed every 10 years, indefinitely.

 

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    What information do I need to provide to file a trademark in Australia?2020-09-13T18:21:22+00:00

    In order to file your trademark in Australia, we’ll need to know:

    • Entity Type (Do you have a company? Is an individual going to be a trademark owner?);
    • The legal form of the company (examples: proprietary company (Pty), Ltd., LLC, LLP etc.);
    • The full address of the applicant (trademark owner);
    • The trademark name;
    • If you are filing for a logo, a copy of the logo as a JPEG file; the logo can be in black/white or in color;
    • The products which you sell or plan to sell in Australian under your trademark (provide a list โ€“ please be as specific as possible);
    • The services which you offer or plan to offer in Australia under your trademark (provide a list โ€“ again, please try to be specific).
    • Your website, if you have one.

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      What is a power of attorney? When do I need to sign a power of attorney?2020-09-19T17:26:18+00:00

      A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the personโ€™s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal.

      In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office.

      Having said that, in many countries including the US, UK, Europe, Canada and Australia you donโ€™t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application.

      In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.

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        How does the process work with Trademark Angel? What happens after I buy a trademark package?2021-07-13T14:34:25+00:00

        There are 3 ways how you can proceed:

        1. Book an initial phone call with us. Here is the link for the trademark package
        2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
        3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

        What happens after I buy a trademark package?

        1. We’ll confirm your order.
        2. We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
        3. If your trademark is registrable, we’ll move forward with the trademark registration process.
        4. If your trademark has low chances of achieving registration, you will have 3 options:
        • Ask for a full refund;
        • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
        • Proceed with the filing anyway.

        The choice is yours. Make the first step now.

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          Classification of Goods and Services in a Trademark Application (class headings)2019-05-17T18:05:46+00:00

          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 categoriesย  (please note that the below list cannot be used for trademark filing)

          Products

          Class 1: Chemicals (including those used in agriculture, industry and science)

          Class 2: Paints, coatings, varnishes, colorants for food.

          Class 3: Cosmetics, creams and serums, cleaning products including soap and shampoo, bleaching and abrasives, non-medicated toiletry preparations, false eyelashes, essential oil, perfume

          Class 4: Fuels, industrial oils, greases, lubricants, candles

          Class 5: Pharmaceutical and veterinary products, food supplements and vitamins, baby food, disinfectants, fungicides, herbicides, plasters, dental wax

          Class 6: Metals, metal castings, metal hardware, metal containers, locks, safes

          Class 7: Machines and machine tools and their parts, motors and engines (except for land vehicles)

          Class 8: Hand-operated tools and implements, razors, cutlery

          Class 9: Computers, computer hardware, computer cables, cell phones and cell phone cases, data carriers, computer software, downloable publications including e-books, videos and podcasts

          Class 10: Medical and dental instruments and apparatus, massage apparatus, sex toys

          Class 11: Products for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes including lamps and kettles

          Class 12: Land, air and nautical vehicles, motors and engines for land vehicles

          Class 13: Firearms, ammunition, explosives, fireworks, holsters

          Class 14: Precious metals, watches, jewellery

          Class 15: Musical instruments

          Class 16: Paper, items made of paper, stationery products, artistsโ€™ products, printed products including photographs, stickers, notebooks, party ornaments of paper

          Class 17: Rubber, asbestos and plastic Items, pipes and tubes

          Class 18: Leather and leather goods, bags, wallets, animal apparel, collars and leashes for animals

          Class 19: Building and construction materials (non-metallic), non-metal monuments

          Class 20: Furniture, mirrors, picture frames, storage containers not of metal, party ornaments of plastic

          Class 21: Kitchen utensils, crockery, containers, cleaning implements, toothbrushes

          Class 22: Ropes and strings, tents, nets, awnings, sacks, padding, canvas material and raw fibrous textile material

          Class 23: Yarns, threads

          Class 24: Textiles, fabrics, blankets, covers, towels

          Class 25: Clothing, footwear and headgear

          Class 26: Sewing products, lace and embroidery, artificial flowers, hair decorations like ribbons, false hair

          Class 27: Carpets, linoleum, wall and floor coverings, wall hangings

          Class 28: Sports equipment, video game apparatus, games, toys, Christmas decorations

          Class 29: Dairy products, meat and fish, processed and preserved foods, including dried, frozen and cooked fruits and vegetables, milk, eggs, edible oils and fats, jamps, jellies

          Class 30: Staple foods, spices, bakery products, confectioneries, tea, coffee

          Class 31: Fresh fruit and vegetables, live animals, animal food, seeds, fresh herbs, plants and flowers

          Class 32: Non-alcoholic beverages, preparations for making beverages, fruit juices, beer

          Class 33: Alcoholic beverages, except beer

          Class 34: Tobacco products and smokersโ€™ articles, matches, electronic cigarettes

           

          Services

          Class 35: Retail services including online retail store, advertising, business consulting, business management

          Class 36: Insurance and financial services, real estate services

          Class 37: Building construction, repair and maintenance services, installation services

          Class 38: Telecommunication services, broadcasting services including video broadcasting

          Class 39: Transport, logistics and storage, travel services

          Class 40: Treatment of materials, custom assembly, recycling and waste management

          Class 41: Education services, including arranging and conducting educational classes and seminars, entertainment services, book publishing, organizing exhibitions and conferences

          Class 42: Saas and Paas services (Software as a service and platform as a service), IT services, software development, graphic design services, website development, scientific and technological services

          Class 43: Restaurants, cafes, hotels, catering services

          Class 44: Medical services, hygienic and beauty care services, dental services, veterinary services

          Class 45: Personal and social services, legal services, security services

          For a more in-depth discussion read this article: Taking Advantage of the Trademark Classification

           

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            Are geographically descriptive marks registrable in Australia?2019-01-15T17:40:37+00:00

            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 trademark MAATSUYKER in relation to Seafood (class 29) but accepted the trademark MAATSUYKER in relation to Clothing (class 25). The reasoning is simple, there is an obvious connection between the geographical islands and the fishing industry, thus it is possible that other fishing operators might need to use the word MAATSUYKER to describe their goods. By contrast, it is highly unlikely that there will be many clothing manufacturers on these uninhabited islands who need to use the word MAATSUYKER to describe their goods.

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              What is considered a merely descriptive trademark in Australia and are they registrable?2019-01-15T18:10:27+00:00

              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 hamburgers, which was held to be a word that was merely descriptive as it was likely to be used by other restaurants in the description of their hamburgers.

              You can get more details about descriptive marks here.

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                Can surnames or full names be registered as trademarks in Australia?2019-01-08T21:39:57+00:00

                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.

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                  Is it a good idea to file a multi-class trademark application in Australia?2019-08-13T09:33:12+00:00

                  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 begin using it. If you make a multi-class application in classes which you have no intent to use, you may eventually face challenges to your trademark in those classes.

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                    Can an Australian trademark be divided?2019-05-04T21:07:15+00:00

                    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.

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                      On what grounds can a trademark be refused in Australia?2019-01-17T16:48:35+00:00

                      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.

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                        What is the trademark classification system in Australia? How is it different?2019-01-17T16:53:47+00:00

                        Australia uses the international trademark classification system, just like the EU or the US.

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                          Why should I bother registering my trademark in Australia?2019-01-17T17:04:29+00:00

                          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 is worth registering your trademark today.

                          Australia is also a vital gateway to China, with its close proximity to major Chinese markets and the historic China/Australia free-trade agreement offering unparalleled opportunities to smart entrepreneurs.

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                            Can priority be claimed in my Australian trademark from an earlier filed application?2019-01-08T21:31:19+00:00

                            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.

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                              Which trademark should I File? Word Mark or Logo?2019-05-07T15:44:23+00:00

                              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 particular color.

                              On the other hand, word marks are somewhat more flexible. When filed in all capital letters, word marks allow the trademark owner to display it in any combination of lower case and upper case letters.

                              For example, if you filed for the word mark TRADEMARK ANGEL ROCKS, you can use it on your goods and/or services as: trademark angel rocks, Trademark Angel Rocks, or TraDeMaRk AnGeL RoCkS.

                              The flexibility of a word mark ultimately makes it quite appealing as it is not limited to a particular font or color and can be displayed in a combination of upper and lower-case letters.

                              However, filing for a logo can be more advantageous in some situations.

                              For example, if your mark is found to be descriptive of your goods/services or uses generic words, your mark will generally be limited to the Supplemental Register. A distinct logo, however, can โ€œcarryโ€ the mark to the Principal Register despite the descriptive nature of your mark.

                              Letโ€™s say you want to file for TRADEMARK REGISTRATION CO. for a company that offers trademark registration services. Thatโ€™s a mark that is descriptive of the services offered, and will therefore would be limited to registration to the Supplemental Register. If this same mark was filed with a distinctive logo, for example:

                              trademark-registration-logo

                               

                              Then, the logo could provide sufficient distinctiveness to allow registration of TRADEMARK REGISTRATION CO. onto the Principal Register (with a disclaimer for โ€œTRADEMARK REGISTRATION CO.โ€).

                              Another situation when filing for a logo is advantageous is when there are similar marks. For example, a client wanted to register the mark HAWQUE with a design element of a flying hawk chinese-trademark– ย for computer software connecting customers to security contractors, in Class 9. We advised that the logo will most likely be registrable but the wordmark alone would be too similar to marks containing the word HAWK providing similar products in the same class. Although we received an office action alleging that the HAWQUE logo mark was confusingly similar to a registered wordmark, HAWQ, that also covered Class 9 computer software, we were ultimately able to overcome the objection. Our clientโ€™s logo, HAWQUE, was successfully registered soon after.

                              In another case, a client wanted to register the mark ESTEEM APPAREL, either the word mark or the logo. However, in our initial search, we found a very similar, registered mark, ESTEEM CLOTHING. In this case, we advised that the logo would have a greater chance of registration. The client chose to file for the logo register-a-trademark-in-australiainstead of the word mark and, although we received a confusion objection based on similarity with ESTEAM and ESTEEM CLOTHING marks, we were able to successfully able to overcome the objection and the mark was successfully registered.

                              Since the client protected the logo register-a-trademark-in-australia, he now cannot use Esteem Apparel side by side, without the image, in a different font or in ALL CAPITAL letters: ESTEEM APPAREL. On the other hand, if word mark had been filed – ESTEEM APPAREL, he could have used it in ALL CAPITAL LETTERS, in any font, side by side or one word above the other. Logo makes the trademark inflexible and you should not be making even small changes in your use.

                              In addition, in some cases, one has to file for a logo if the trademark is broken/separated by images or symbols. Please check our article that talks more about it.

                              Thus, as can be seen from the above examples, it is important to first determine if your mark is too descriptive to achieve registration in the Principal Register, and whether you intend to consistently display your logo on all of your products, prior to making a decision regarding whether to file for a word mark or a logo. Also, in case there are similar marks, filing for the logo may help to differentiate and ultimately achieve registration of your mark.

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                                What are different types of names? Company name vs business name vs domain name vs trademark?2018-12-01T21:33:45+00:00

                                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?ย 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
                                Note: one company may own more than one brand and may do business under more than one name

                                • Business name or doing business as: Name under which you conduct your business.

                                Example: Microsoft

                                Example: Skype

                                • Domain name: Name of your address on the Web.

                                Example:ย www.microsoft.com

                                Example: www.skype.com (Microsoft owns Skype)

                                • Trademark: A trademark may be one word, a combination of words, or logos (or even sounds and smells!) used to distinguish/differentiate your products or services from those of other entities.

                                Example: MICROSOFT, , or a combined mark:

                                Example: SKYPE,

                                Let’s take another example of a giant retailer Kraft Foods.

                                Company name: Kraft Foods Inc.

                                12 of Kraft Foods brands are sold worldwide: Cadbury, Jacobs, Kraft, Maxwell House,ย  Milka, Nabisco, Oreo, Oscar Mayer, Philadelphia, Trident and Tang.

                                For each brand Kraft Foods has a website: cadbury.co.uk; cadbury.com.au; oreo.com; oscarmayer.com, etc.

                                Not everyone knows that these 12 famous brands are owned by the same giant! It doesn’t really matter, what matters is that everyone knows where do buy their favorite Cadbury chocolate or Oreo cookies and everyone knows how the Oreo cookies package looks like!

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                                  Do I need to register a trademark if my business incorporated?2018-12-01T21:43:36+00:00

                                  If youย simply business incorporate or register a corporate name, it doesn’t mean that the governmentย 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 has no impact on the other 49 states.

                                  In plain English, if you register Coolapples LLC in Delaware, another entity may register Coolapples LLC in Indiana. If you plan to expand nationwide or worldwide, trademark registration will provide that protection. A federal US trademark will give you exclusive rights to use your brand name for your products across the US. Likewise, a Canadian or Australian trademark will give you country-wide rights to use your chosen brand in your country and will make it easier for your to sell or license your trademark later.

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                                    Do I have to use my trademark in Australia prior to filing? Do I have to use my trademark after registration?2019-01-08T21:27:19+00:00

                                    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. A trademark that is unused for 3 years or more can be removed from the register.

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                                      Can I use my trademark if it isnโ€™t registered?2018-08-04T22:14:41+00:00

                                      Itโ€™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 a trademark search of the Trademark Office database of the country where you plan to use your brandย  and of the marketplace (check on Internet for similar names usage).

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                                        How long is a trademark opposition process?2023-04-16T16:26:14+00:00

                                        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.

                                        A trademark opposition in Brazil may be filed by an interested party within 60 days from the date of its publication.

                                        In Canada, Australia and New Zealand one has to file a trademark opposition within a 2-month period.

                                        A trademark opposition in South Korea may be filed by an interested party within 2 months from the date of its publication.

                                        In the UK, an opposition period is 2 months but can be requested to 3 months upon a request made by a party that intends to oppose.

                                        A trademark opposition in Japan may be filed by an interested party within two months from the date of its publication. Trademarks are published twice, first time right after filing and second time after registration.

                                        In Germany, publication happens after registration. Opposition period is 3 months.

                                        In the European Union and China, a notice of opposition must be filed within 3 months following the publication.

                                        In India, anyone may oppose registration of an Indian trademark within 4 months after publication.

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                                          What is a Headstart trademark application in Australia?2020-10-09T20:50:30+00:00

                                          Australia is quite unique as it offers two types of trademark application filings:

                                          1. 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

                                           

                                          1. Headstart filing
                                          • This is pre-application services provided by IP Australia
                                          • You pay higher filing fees (AUD$400 vs. AUD$250 per class) but you only pay AUD$200 at the beginning
                                          • Your trademark is assessed by an Examiner before it is filed.
                                          • You get a report within 5 days of filing. Once you get the report you can decide if you want to proceed further. If you want to convert your application into a Standard application, you have to pay the remainder of the fees.
                                          • You can make changes to your trademark or description once you get the report.
                                          • Once your trademark is converted, you get a formal filing date and no more changes are allowed.
                                          • Your trademark proceeds through a standard examination process until it registers

                                           

                                          While a Headstart application may be a great choice there are some important drawback of this filing:

                                          Since you don’t get a filing date immediately, what if somebody else filed a similar trademark while you were waiting for the Headstart report?

                                          Trademark Office is not bound by the Headstart report and can issue different objection at a later date.

                                          If your products are unique and not in the picklist, Headstart may not be the best choice since it only allows to pick the products/services from the list of pre-approved goods and services.

                                          How do you know which one to use? We can usually advise when Headstart may be reccommended. If we find similar trademarks and unsure that your trademark will register, we can recommend Headstart trademark application filing first. If you don’t want to invest a ton of money in your marketing campaign and want to maximize your chances for your trademark to be approved, Headstart may be the answer.

                                          Once we receive a Headstart examination report, you can then make a decision whether to proceed with the filing.

                                           

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                                            How long does it take to register a trademark?2022-02-16T19:20:38+00:00

                                            Here we rank the countries where we file from the fastest to the slowest.

                                            1. Germany is the fastest country and overall champion. It takes 1-3 months, on average to register a trademark in Germany. With accelerated examination, most trademarks register within a month. So this is a clear champion in terms of speed. Sometimes Germany can be a little unpredictable as it can take a month for one trademark and 3 months for another trademark.

                                            2. One of the fast and most predictable in terms of timeline is the United Kingdom, where it takes about 3.5-4 months from filing to registration. Added bonus is low government fees.

                                            3. In the European Union, the registration process is about 6-7 months. Not so bad, but the government fees are very high. If your application is filed using “fast-track” method, then the whole process takes about 3.5-4 months. We always EU applications using “fast-track” so European Union is very comparable to the UK (maybe a little slower).

                                            4. It takes about 4-8 months to register a a trademark in Mexico but it can be somewhat inconsistent in terms of the time (sometimes it takes 4 months and sometimes more than 8 months).

                                            5. You will have to wait for about 7.5-8 months to register a trademark in Australia unless we get an objection. Usually most trademarks register within a year or less.

                                            6. ย In China, it takes 9-12 months to register a trademark if there are no complications. However, if there is an objection and we have to appeal, registration will be delayed by 8 months. China is determined to make the overall registration process faster, so it’s possible that in 2020 this timeline will be shorter.

                                            7. India is similar to China in terms of timeline. On average it takes 10 months to get a registration certificate if there are no problems during the process.

                                            8. It takes a minimum of 12-14 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.

                                            9. In Japan, it may take from 10 to 14 months for a trademark to register.

                                            10. In Brazil trademark registration process takes on average 12-18 months. It’s a pretty long time.

                                            11. The last place is unfortunately taken by Canada. It takes 36-42 months to finish the registration process. If there are objections the overall registration process takes even more time. It’s painfully slo-o-ow. Don’t ask us why. We don’t know the answer. We feel your pain though. Hopefully, as Canada joined Madrid protocol things will improve. We don’t know if and when they will improve. Ever since pandemics began the whole process delayed even more (other countries haven’t been affected so badly).

                                             

                                             

                                             

                                             

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                                              How long are trademarks valid for?2022-11-24T12:43:36+00:00

                                              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 year after the registration date, you must file an “affidavit of use” to keep the registration alive.

                                              In European Union, Germany, the United Kingdom, India and Australia, you have to renew your trademark every 10 years. The 10 year term counts from the application date.

                                              In China, trademarks have to be renewed every 10 years. The renewal period is counted from the date of registration.

                                              In Canada, a trademark has to be renewed every 10 years (the renewal period was changed from 15 to 10 years in June of 2019). The 10 year term counts from the registration date.

                                               

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                                                Articles

                                                Register a trademark in Canada
                                                Register a trademark in the US
                                                Register a trademark in the UK
                                                Register a trademark in the EU
                                                Register a trademark in Germany
                                                Register a trademark in India
                                                Register a trademark in China
                                                Register a trademark in Mexico
                                                Register a trademark in Japan
                                                Register a trademark in Brazil
                                                Register a trademark in South Korea

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