Trade Marks

eServices - Trade Mark Applications 

Getting Started

The Trade Mark Application form within eServices will contain common features and screens.

Fees are payable (if applicable) at the time you submit the application. You can pay using a Visa or MasterCard only.

Your application number will be included on the acknowledgement screen after you have submitted and paid for your application.

Each application form will contain specific help to assist you in completing the application.

The status bar lets you know your progess and where you are within the application.
The CANCEL button will let you cancel the application. If you select this your application will not be saved.
The Total Payable area lets you keep track of how much you need to pay. This area is updated based on the services you select.
The NEXT button will take you to the next screen.
The SAVE AS DRAFT button will let you save the application to your local computer at any time.

 

Disclaimer: This interactive guide is intended to provide you with a general understanding of the Trade Mark Application form within eServices. There are fields within the trade mark application that do not appear in this guide. For specific advice about what steps you should take to best protect your IP you should consider contacting an IP professional.

Applicant or Agent Selection

Your reference

You can use the Your reference field to identify and keep track of the application. You can use any combination of letters, numerals or special characters.

You may enter a total of 30 characters (including spaces).

Trade Mark Details

You will need to select the category that best describes your trade mark.

If your trade mark is a shape, colour, sound, movement, series or a combination of these you will need to select the fourth option.

Trade mark types such as collective, defensive or certifcation marks can be found later in the application under the Additional Trade Mark Details step.

Trade Mark Details (continued)

If your trade mark is a word or phrase in plain text you will be required to type the word or phrase into the text box.

If your trade mark is in stylised text or is a single logo you will need to attach one file containing an image of your trade mark.

You can attach one TIFF (.tif), JPEG (.jpg) or PNG (.png) file. The file cannot exceed 20MB in size.

You should check your files and their contents before you attach them. If your files are incorrect or you have attached the wrong item your filing date may be affected. You will not be able to preview your attachments through eServices.

For more information on image sizes, resolutions and colourspaces, read our Electronic Business Rules

Trade Mark Details (continued)

If your trade mark is a shape, colour, sound, movement or series you will need to provide a description of it and attach a file containing the trade mark.

For a shape, colour, series or other trade mark you can attach one file containing an image of your trade mark. You can attach one TIFF (.tif), JPEG (.jpg) or PNG (.png) file. The file cannot exceed 20MB in size.

For a sound trade mark you can attach one MP3 (.mp3) file with a maximum file size of 20MB.

For a movement trade mark you can attach one MPEG (.mpeg) file with a maximum file size of 20 MB.

Additional Trade Mark Details

Non-English words and foreign characters

If your trade mark contains non-English words you will need to provide the translation of the word(s).

If your trade mark contains a foreign character(s) you will need to provide the transliteration and translation of the character(s).

Additional Trade Mark Details (continued)

Convention applications

If you are claiming convention priority you will need to provide the trade mark (application) number (if it is available), convention country and lodgement date of the overseas application.

If the goods and / or services are not the same on this application as they are on the overseas application, you will need to tell us the classes, descriptions and date associated with the overseas application. You can only enter one class at a time.

Additional Trade Mark Details (continued)

Divisional applications

For divisional applications you will need to provide the number of the parent application. eServices will retrieve the application lodgement date and the goods and/or services that were claimed.

In the Goods and/or Services to remain in the parent application table, select Edit to remove the goods and/or services from each class or Remove class to delete the entire class.

You can also copy the goods and services you want to remove from the parent and paste them into the divisional Goods and/or Services table by selecting Edit for the applicable class. If you copy and paste between tables don't forget to delete the goods and services from the parent after you have copied them.

 

Additional Trade Mark Details (continued)

Defensive marks

If you are applying for a defensive mark you will need to provide the trade mark number of at least one registered Australian application for the same Trade Mark. You can also supply further evidence to support your application. You can attach one TIFF (.tif), JPEG (.jpg), PNG (.png), PDF (.pdf), XML (.xml), TXT (.txt), DOC (.doc), DOCX (.docx) file. The file cannot exceed 20MB in size.

Certification marks

The rules governing the use of your certification mark need to be approved by the ACCC. You can attach the rules with your application. You can attach one TIFF (.tif), JPEG (.jpg), PNG (.png), PDF (.pdf), XML (.xml), TXT (.txt), DOC (.doc), DOCX (.docx) file. The file cannot exceed 20MB in size.

Goods and Services

Search options

You can search for the goods and/or services related to your trade mark in one of three different ways.

In the first option you can search IP Australia's list by entering a single word or phrase and then selecting the goods and/or services from the search results that are returned. This is the cheapest way to enter your goods and/or services.

In the second option you can enter your own list of goods and services. You can choose the class number from the list and then type your goods and/or services into the text box. This option attracts a higher fee per class.

In the third option you can retrieve a list of goods and/or services from an existing application by entering a trade mark number. You can only retrieve the list from an application that was filed on or after 1 January 2002.

Summary

When you have entered the information into the form you will be provided with a summary of the application. You can print the summary for your own records or make changes by selecting the Edit details link.

The summary will show you all the information that you have entered and include the fields that you did not enter any information for.

The summary will show you the file names of all the documents and previews of the representations that you have attached to your application.

When you have reviewed the summary screen you will need to click the Proceed to Payment button to pay for the transaction. Once you have paid you will be provided with a screen based official receipt for the transaction. You can print or save the receipt and retain it for your records. You will not be sent a paper receipt in the mail.

Last Updated: 22/4/2013