If you are looking to establish a Trademark in Australia there are a few things you should know before getting started.
Important highlights about the Australian registration process:
- Full application takes approximately 8 months
- Important to have a mark that makes goods or services distinguishable
- Must renew every 10 years
- Must use trademark within 3 years
- Multi-class trademark is easier to process
Your trademark is reviewed on both absolute and relative grounds, can be refused if there is a similar trademark already registered or if its descriptive. In Australia there are no need for a specimens of use or dates of use. Because there are not any 'intent to use' requirements for an Australian trademark, it is much easier to apply for a multi-class trademark.
Usually a trademark is refused if the Australian Trademark authority believes:
- The trademark conflicts with another pre-registered trademark
- The trademark is similar to that of another
- The trademark is offensive
- The trademark fails to distinguish your goods and services
There are two different types of applications processes available: Standard and Head start application services. A Head start application is similar to a Fast track service, giving the application a quicker registration period and the ability to speak with the examiner of the trademark should there be a need to address any issues in regards to your application which gives the application a thorough assessment prior to filling.
Australia Trademark Registration with Offshore Protection
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