FAQs

FAQs

Today, there are an increasing number of individuals and organizations who have demands to fill a trademark registration application in Australia. However, they need to understand the procedure of the trademark registration in Australia to register the trademark successfully in Australia.

In the respect of registration procedures in Australia, prior to filling a trademark registration, conducting a trademark search is very necessary, although it is not mandatory in Australia. The reason for this is because Australia have applied the rule “first to use”, so searching cited trademarks used in practice through the Internet and filled in the Intellectual Property Office, can help the owner save their time, effort and cost and have a better chance to register their trademark successfully. Then, registering such trademark as soon as possible in the Intellectual Property Office is recommended and the approximate time frame for Australian trademark registration is 7-10 months if there is no opposition from the third party.

However, after formal examination of application and prior to pre-granting, any individuals and organizations can file opposition against such application if having legitimate reasons and it is more convenient for them that oppositions may be filled through the Internet using eServices at www.ipaustralia.gov.au. Finally, if there is no third-party opposition, the holder can register their trademark successfully in Australia, and then the holder is granted a protection certificate.

Therefore, grasping firmly the procedure ò the trademark registration in Australia is very essential for the successful registration of the holder’s trademark.

[1] Australia __ Country Guides Essential Information on Trademark Protection Worldwide

In countries, trademark registration is not mandatory and even there are many countries which applied the rule “first to use”. Hence, why do an individual or an organization need to fill a trademark registration application in Australia? And which benefits does this registration bring?

We can understand that the trademark registration is not compulsory in Australia, but a registered trademark shall bring many benefits to the owner of such trademark. As you know, although Australia have used the rule “first to use”, proving the process of the use is not easy to demonstrate that the trademark is used in fact. Hence, when the owner registers their trademark, they shall have evidence to show the use practically. This can help other people know such trademark used in fact and help the owner and even the court to have proof to settle the infringement.

In conclusion, the holder’s a trademark can receive many benefits from the registration in the Intellectual Property Office in Australia when it can create easiness for the owner and the court in proving the use of the trademark and settling the infringement.

With the global integration, taking part in international Agreements and Treaties is an indispensible factor for countries and especially for Australia. Hence, this has generated convenient conditions for international individuals and organizations to register their trademark in Australia.

The law on trademark in Australia is not only regulated by the regulations of Australian law but also by Treaties, Conventions, Bilateral and Multilateral Agreements which are Trips, Paris Convention, Madrid Agreement, Protocol Relating to the Madrid Agreement, Nice Agreement, Vienna Agreement, etc to protect international trademark and especially Australian trademark is registered for protection more easily in other countries.

Therefore, thanks to entering into international Treaties and Agreements, the law on trademark in Australia is more and more enhanced protect as well as create the best convenience for domestic and global individuals and organizations.

With the economic integration, there are an increasing number of international trademark registration applications filled in Australia. Knowing the rule which Australia have applied is very essential so that their trademark is protected well.

Australia have applied the rule “first to use”, which only some countries have used such as United States, Myanmar, Brunei, Hong Kong SAR, India, Malaysia, New Zealand, Singapore and Canada, while most of countries have applied the rule “first to file”. Therefore, in Australia, this means that when an individual or an organization is the first person to use their trademark in fact, they shall have rights with such as trademark such as dealing with infringement of other individuals and organizations, no matter how early they fill a trademark registration application in the Intellectual Property Office in Australia.

Therefore, an individual or an organization has rights for their trademark when they use their trademark in practice.

Today, there are an increasing number of individuals and organizations who registered their trademark in Australia. And to know whether their trademark is able to be registered in Australia, they understand what the trademark is and which conditions it need to meet so that individuals and organizations use the registration right.

In Australia, a trademark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. Besides, a trademark shall be eligible for protection in Australia when it satisfies following conditions: It is a visible sign which is showed in certain forms such as letters, words, pictures and even one or more colours; It is capable of distinguishing goods or services of the trademark owner from those of other subjects. Hence, when the trademark meets these conditions, it can be protected in Australia.

Therefore, when the holder’s trademark satisfies above conditions, such trademark is able to be protected in Australia and the holder know whether they need to fill registration application or not.

Although the holder has exclusive rights with their trademark registered successfully, non-use of such trademark can make other individuals and organizations loss rights to register this trademark.

After trademark in Japan is registered successfully, the owner does not have to prove the use of their trademark, but they need to use it in practice. The reason is that within three years from date of trademark registration in Japan, if the trademark is not used, any third parties could require the Trademark Office to cancel the validity of the trademark certificate for non – use. In this time, the owner needs to provide evidence of using to oppose this action. There are some exceptions that the owner does not have to prove the of trademark: import limitation, policy from other countries and a nature calamity or an objective event. Therefore, the holder should utilize their trademark if they do not want to be opposed to their trademark certificate in Japan.

Therefore, although the holder does not need to prove that they utilize their trademark, if having requirements from other people, they can loss rights with their trademark.

With successful trademark registration in Japan, the holders shall have exclusive rights to use their trademark.

After registering trademark in Japan successfully, the owner will receive rights for their trademark. For details, owner’s rights are: right of using exclusively registered trademark, right to object subsequent conflicting application, to license the third parties to use the trademark in their business activities, to use actions protesting against the third party’s using illegally, rights to claim for priority in other countries signing treaties containing provisions on priority in which Japan has joined.

Protecting time of trademark in Japan is 10 years from the filing date. The owner can renew it validity of trademark certificate in Japan by trademark renewal procedures. Time to claim renewal has no more than 6 months before the renewal date and the grace is 6 months after renewal day is expired. A fine which is paid for late renewal is double the amount of the renewal fee.

Therefore, knowing rights the holder has in practice is very essential for them protect their trademark in Japan well.

In the respect of procedure of trademark registration in Japan, there are two ways to file trademark application in Japan. The holder can file trademark application online. Secondly, the applications can be filed directly in The Japanese Trademark Office. However, it is advised that applicants should use service of one IP Firm to file trademark in Japan to save time and keep track of their trademark application.

After filling applications that, applications shall endure four stages which are Formality Examination, Gazette Industrial Property. Substantive examination and Granting certificate (if any). This is to ensure that the trademark is not similar with previous registered trademarks. It takes a long time approximately with about six months without opposition. However, when the Trademark Office have published the application on gazette, others can file an opposition against the holder’s trademark until finishing the process of substantive examination. Then, after the trademark in Japan is registered successfully, the holder shall receive trademark certificate in Japan and their trademark in Japan is protected within 10 years from its filing date.

Understanding the procedure of trademark registration in Japan shall help your trademark have a better chance to be granted trademark certificate in Japan.

Trademark registration in Japan is not compulsory. However, when the trademark is registered, the owner shall have many benefits from registering. For example, it makes prime evidence if dispute occurs between the owner and other person who use the trademark illegally; it provides total protection for the trademark, area of protection covers national protection. More specially, since Japan is applying the rule “first to file”, filing trademark application at the soonest time is very significant. When the Trademark is accepted by competent authorities it will give owner exclusive use of the trademark. It means that no one, except the owner, can use the trademark for their goods/services legally.

Therefore, trademark registration brings many benefits to the holder for their trademark. Besides, with the rule Japan applies, the holder must file their trademark application as soon as possible.

Joining treaties and agreements relating to Trademark is very important for countries, Japan is not an exception.

This brings numerous benefits for to organizations and individuals in Japan. For example, the organizations and individuals can claim prior rights in other countries, so area of protection is larger; makes basis to improve Trademark act which still exist shortcomings and lack necessary provisions, to protect international trademarks. Japan has participated in many bilateral and multilateral treaties and agreements such as Paris Convention, Trademark Law Treaty, Singapore Treaty, Nairobi treaty, Madrid Agreement, Madrid Protocol, Nice Agreement, Vienna Agreement. In the future, Japan will continue to take part in agreements to make advantages for companies, organizations and individuals who have demand of registering trademarks.

Therefore, thanks to taking part in international treaties, the law on Trademark is more and more improved to protect national trademark better and even international trademarks.

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