We assume no responsibility for your use of this website
We monitor the quality of the information available on this website and update the information regularly. However, The Commonwealth, IP Australia, its officers and employees, do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this web site or on any linked site.
We recommend you exercise your own skill and care with respect to the use of this website and that you carefully evaluate the accuracy, currency, completeness and relevance of the material on the web site for your purposes.
This website is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.
The material on this website may include the views or recommendations of third parties, which do not necessarily reflect the views of IP Australia, or indicate our commitment to a particular course of action.
About the content of our website
We do our best to provide you with information that we think is relevant to your needs. The content on this website, however, may not be complete, up-to-date or current in all cases, and not all topics are covered.
If you have a suggestion or a question, contact us.
We provide information, not advice
This website provides general information only. It is designed to assist you to gain a basic understanding of intellectual property (IP) principles. It is not intended to provide legal, business, or other professional advice.
Get professional advice
Do not use information in this website as a substitute for professional advice. Seek professional advice before you take any commercial decisions or steps.
The intellectual property laws in other countries are different from those in Australia. Consult an appropriate professional if foreign laws may affect you.
For specific assistance and advice, you can contact an IP professional.
We make no statements of the law
Unless specific provisions of legislation are quoted, we do not make statements of the law in relation to any matter. The comments contained in this website about the law are summaries that may not be comprehensive or complete.
If you wish to know the law, you should either go to the relevant legislation or obtain advice from a qualified professional, such as a solicitor, patent or trade mark attorney.
The technical terms we use
Many of the terms used on this website have technical or special meanings and some of the information may be affected by the intellectual property laws of other countries. You will find most terms described in our glossary.
The IP system can be complex, so you should seek independent legal, business or other professional advice relevant to your particular circumstances before relying, acting or omitting to act on any information contained in this website.
Links to other sites
Links to other sites are provided in good faith and for users' convenience only, and no assurances are given as to the quality, accuracy, or relevance of material on such sites. Such links do not constitute endorsement or recommendation by the Commonwealth of any material on those sites, or any associated organisation, product or service.
Security of our websites
Our internal network and databases are protected from unauthorised access using a range of security controls including firewall, intrusion detection and other protection technologies.. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.
The Commonwealth accepts no liability for any interference with or damage to a user's computer system, software or data occurring in connection with or relating to this website or its use. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
The user assumes all risks associated with the use of this website including, but not limited to:
risk of the user's computer, software or date being damaged by any virus, however described, which might be transmitted or activated via the website or your access to it; or
risk that the material on this website and material on linked websites may not comply with the laws, regulations, rules and other such legislative instruments in force in Australia or any country outside of Australia.
risk that the material may not be accurate, current or complete.
This website is hosted on a server located in Canberra, Australia. A dispute arising from the use of this website will be governed by the laws of the Australian Capital Territory.
The security of eServices
When you log in to our secure eServices or when you complete the Trade Marks e-Form, information sent between your computer and us is encrypted. Your information is secured through both password protection and the use of encryption. These two measures combine to help ensure the confidentiality, integrity and authenticity of your online transactions with us.
We use 128 bit SSL (Secure Sockets Layer) encryption, which is the highest level of encryption currently available. This is a widely used web technology that encrypts a message for online transmission. However, you should be aware that there are still some risks associated with transmitting information via the internet, and with using SSL encryption. If you do not wish to use our Online Services, you can transact by post, fax, and telephone or in person.
Before you lodge an application electronically, please read the following:
- The application form is designed to enable you to fulfil the minimum filing requirements under the Trade Mark Regulations 1995. If you do not provide sufficient information in your application to comply with these minimum filing requirements, you will not be able to send the application.
- You are responsible for all aspects of the electronic transmission of your trade mark application, and the protection of any information contained in your application, until your application enters IP Australia's information system.
- IP Australia is not legally required to send you confirmation that we have received your trade mark application. However, when we receive your trade mark application, we will provide you with a pre-filing number. Please quote your pre-filing number when discussing the filing with IP Australia. If you do not receive a pre-filing number, you should not assume that we have received the document or that it has been properly filed.
- IP Australia will not accept any liability in respect of your trade mark application transmitted electronically, if your application does not enter IP Australia's information system, or we receive it in a form that cannot be read or has been corrupted.
- If any part of your transmission cannot be read or is corrupted, IP Australia may ask you to resend the whole transmission or the material contained in the transmission.
For a detailed description of our security measures, please refer to the following:
- Password protection
- How do I know my information is encrypted?
- Other ways of transacting with us
- Storage of your information
When you register with IP Australia you provide a username and password that can later be used to log in to our secure facilities. This username and password is linked to your customer reference number and consequently allows you to access information about your IP rights. We encourage you to change your password frequently. Whenever you log in to Online Services we will notify you how long it has been since your last password change. You can change your password at any time after logging in by visiting themy detailssection of Online Services. It is important that you use a password that cannot be easily guessed and that you do not let anyone else know your password. We tightly control the management of usernames and passwords. One of the ways we do this is to ask you to provide two sets of questions and answers which we call "shared secrets". Shared secrets are known only to you and IP Australia. These secrets provide an additional method of verifying your identity in case you forget your password or need other assistance in relation to your IP rights.
How do I know my information is encrypted?
Once you have logged in to eServices you are in a "secure session" and all information passing between you and IP Australia is encrypted. To verify your secure session a padlock icon will appear at the bottom corner of your browser window (for Microsoft Internet Explorer and Netscape Navigator) and the first part of the web address (URL) in the browser address window will read "https" instead of "http".
Other ways of transacting with IP Australia
You should be aware that there are some inherent risks associated with the transmission of information via the Internet. If you do not wish to use our eServices, you can transact with us by post, fax, telephone or in person at any of our offices.
Storage of your information
We are serious about the security of your information. IP Australia uses industry standards for the protection of information collected from users. This information is securely stored and access is restricted to authorised personnel. Our internal network and databases are protected from unauthorised access using firewall, intrusion detection and other technologies.
Use of IP Australia's database search services for bulk data downloads
Due to equipment and bandwidth limitations, our database search services are not intended to be a source for bulk data downloads. Individuals or other entities who deny or degrade access by other users to our database search services by generating unusually high numbers of daily database accesses (whether manual or automated) may be denied access to these services without notice. A range of bulk data products can be obtained separately from us.
Last Updated: 24/10/2013