Register a Trademark in Australia2018-11-11T19:24:13+00:00
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Register a Trademark in Australia

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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 advertisment 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.
Daniel

Daniel Finn is a Legal Practitioner with over a decade of experience in trademark, intellectual property, and general commercial law. He has started practicing law after graduating from the University of Melbourne law school. In addition to Trademark and IP matters, he assists domestic and foreign businesses in international dealings, incorporation, tax advice, franchise and licensing.

Pricing of Our Packages

The prices are in USD$ for Australia

SAIL THROUGH

$395
  • Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

ALL IN

$745
  • Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.

BELLS AND WHISTLES

$1095
  • 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

Upgrades

Upgrade 1

$350
  • Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$700
  • Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package

Upgrade 3

$350
  • Upgrade “ALL IN” package to “BELLS AND WHISTLES” package

FAQ

What are different types of names? Company name vs business name vs domain name vs trademark?2018-11-12T20:28:07+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? 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: 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,  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?2018-11-12T20:16:04+00:00

If you simply 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 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?2018-08-13T15:38:20+00:00

In Australia, no use is required in order to file an application. There are no filing bases in Australia just like in the UK and EU. In order to obtain registration, no use is required either.

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 isn’t registered?2018-08-04T22:14:41+00:00

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

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How long is a trademark opposition process?2018-08-13T15:47:02+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.

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 requested to 3 months upon a request made by a party that intends to oppose.

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

In Australia, the opposition period is 3 months from the date of publication.

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What is a Headstart trademark application in Australia?2018-08-13T16:18:50+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$330 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?2018-08-13T16:20:52+00:00

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 us why. We don’t know the answer. We feel your pain though. Hopefully, once Canada joins Madrid protocol things will improve.

You will have to wait for about 7.5 months to register a trademark in Australia.

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 may take about 4-5 months.

The winner is the United Kingdom, where it takes about 4 months from filing to registration. Added bonus is low government fees.

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How long are trademarks valid for?2018-08-04T12:51:27+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. 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 Canada, a trademark has to be renewed every 15 years (the renewal period will be changed to 10 years soon).

In Australia, European Union and the United Kingdom, you have to renew your trademark every 10 years.

 

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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 the China
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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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