After you file your application, several things need to happen before your trade mark can be registered.
Your trade mark application will generally be examined three to four months after filing.
When your application for registration is examined, it will be assessed to see if it meets the requirements of the Trade Marks Act 1995.
If it meets all the requirements, your trade mark will be accepted for registration. If it does not, you will be sent a report setting out any requirements that need to be addressed. You should reply in writing and address the matters that have been raised.
You can ring the examiner to discuss your application and how you might proceed. Our staff cannot give you legal advice on what are essentially business decisions. You may seek professional advice from an IP Professional experienced in trade mark matters.
The Trade Marks Act 1995 allows you 15 months from the date of the examiner's first report, to meet any requirements identified by the examiner and to have your application accepted by the registrar. If you need more time, you can request and pay for time extensions.
When your trade mark is accepted for registration, the details of the application will be advertised as an accepted application in the Australian Official Journal of Trade Marks.
Only a very small proportion of all acceptances are opposed. After your trade mark is registered it can no longer be opposed.
Read more information about oppositions.
If no opposition is filed against your application or if opposition is unsuccessful, your trade mark will be registered when you pay the registration fee. The fee must be paid no later than six months from the date acceptance is advertised.
We will record the details of your trade mark in the Register of Trade Marks then send you a certificate of registration.
Your trade mark will be registered from the date you filed your application, not from the date it was examined or accepted.
More information on providing evidence to overcome certain issues raised in an examination report
- Fast tracking your trade mark examination
- Adverse examination report
- Evidence of use
- Deferment of a trade mark
- Non-use of a trade mark
- How to supply evidence under section 44
- How to supply a letter of consent under section 44(3)
- Trade marks likely to be needed by other traders - section 41(4)
- Trade marks required by other traders - section 41(3)
- Applications pre April 2013: Section 41(5)
- Applications pre April 2013: Section 41(6)
Last Updated: 09/12/2014