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Trade Marks The
Application Process for your Trade Mark
The application process for your trade mark
Before settling on a trade mark to register, it is best to brainstorm
a range of trade marks or logos which you think could be appropriate. This should
always be followed by a thorough search of
the trade marks database and other goods and services existing in the market
place to ensure that you will not be infringing any existing trade marks.
Once you have settled on what you consider an appropriate trade mark, and if
you wish to seek registration for that trade mark, there are three ways you
can enter the application process.
- You can request an assessment of the likelihood of your trade mark achieving registration through
TM Headstart (currently only available from this website)
prior to filing your trade mark application. You can also subsequently file a trade mark application using this service.
- Or, you can apply to register your trade mark using any one of the following options:
- Alternatively, you could consider seeking assistance and/or
advice from an IP professional.
If you seek help when registering a trademark, do you know what you are getting?
An application to IP Australia must include the following:
- A representation of the trade mark;
- Nomination of the relevant classes;
- Description of the goods and/or services to which it will apply; and
- A translation of any part of your mark that is another language.
Please note that there is a Trade Marks Application Kit available
to assist you in applying for a trade mark. You can request a copy
of the booklet from IP Australia, or alternatively you can download it here:
 Trade
Marks Application Kit
Application
to Register a Trade Mark
Applications are examined in order of filing, to see if they meet the requirements
of the Trade Marks Act 1995. The period of time taken between filing
and examination of applications can vary considerably due to significant fluctuations
in the number of applications lodged at any given time. For the current waiting
time, please contact IP Australia.
If your trade mark is accepted for registration, the details of the application
will be advertised in the Official
Journal of Trade Marks. For 3 months after the advertisement date, anyone
who believes that your trade mark should not be registered may oppose its registration.
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. You must
pay the fee no later than 6 months from the date the acceptance is advertised.
IP Australia will then send you a Certificate of Registration and record the
details of your trade mark in the Register of Trade Marks.
Your trade mark will be registered from the date you filed your application,
not from the date it was examined or accepted.
Warning - Beware of unofficial registers or services!
Before paying a fee for any IP related service, please be sure to check the bona fides of the service
provider.
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