Australia

Trademark registration Australia - Australia is a member of the Madrid Protocol. Trademark protection is obtained by registration. Non registered trademarks may also be enforced under common law and the Competition and Consumer Act 2010 if they have sufficient public recognition.To do so however is costly and difficult and trademark registration is encouraged.

Requirements

A trademark application has to be filed before the Australian Government Agency. The making of an application before the Australian Government Agency indicates (a) the applicant is using, or has an honest intent to use the trademark in connection with the goods/services specified and (b) that the person making the application is the rightful owner of the trademark.

Procedure

The application process includes a formal examination to determine any earlier trademarks of conflict, an examination of distinctiveness and generally ensure the trademark complies with the Trade Marks Act 1995. It takes approximately 3-4 months before an office action is issued by the Australian Government Agency for trademarks. After examination, assuming the trademark is approved, the acceptance of the trademark is published in the ’’Australian Official Journal of Trademarks” to allow third parties the opportunity to oppose if they believe the trademark registration would adversely affect them. The opposition period is 3 months after publication in the "Australian Official Journal of Trade Marks".

Duration

A trademark registration in Australia is valid for 10 years from date of application. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). 

Extra

Duly note, a trademark may be vulnerable to removal for some or all of the goods/services (through application of a third party) if: a) It has remained on the register for five or more years and has not been used for a continuous three year period, ending at least one month prior to any removal application being filed; or b) If the applicant had no intention in good faith, at the date of filing an application, to use the trademark in connection with the goods/services, and the mark has not been used as at the date of any removal application being filed.