Register a Trademark in Australia
>>>Don’t skip on trademark registration here if you trade in Australia<<<
If you are thinking of registering a trademark in Australia, you are in the right place. Trademark Angel offers very competitive prices and is capable of doing all types of trademark work in Australia. Trademark registration process is quite similar to the Canadian process with some notable differences.
Important highlights about 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 it’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 Australian, from filing to opposition and litigation. We can also help with other legal matters in Australia.
Pricing of Our Packages
The prices are in USD$ for Australia
- Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.
- Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.
BELLS AND WHISTLES
- Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.
Details about pricing packages
Government fees are not included in our packages and are extra
- Upgrade “SAIL THROUGH” package to “ALL IN” package
- Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package
- Upgrade “ALL IN” package to “BELLS AND WHISTLES” package
There are 3 ways how you can proceed:
- Book an initial phone call with us. Here is the link.
- Ask for a free preliminary trademark search to get an idea 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.
- 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?
- We’ll confirm your order.
- We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations how to increase chances of achieving registration if your trademark turns out to be problematic.
- If your trademark is registrable, we’ll move forward with the trademark registration process.
- 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.
To open in a new tab, click: How does the process work with Trademark Angel? What happens after I buy a trademark package?
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 (please note that the below list cannot be used for trademark filing)
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, artists’ 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 smokers’ articles, matches, electronic cigarettes
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
To open in a new tab, click: Classification of Goods and Services in a Trademark Application (class headings)
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.
To open in a new tab, click: Are geographically descriptive marks registrable in Australia?
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.
To open in a new tab, click: What is considered a merely descriptive trademark in Australia and are they registrable?
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.
To open in a new tab, click: Can surnames or full names be registered as trademarks in Australia?
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.
To open in a new tab, click: Is it a good idea to file a multi-class trademark application in Australia?