HOW TO REGISTER TRADEMARK IN AUSTRALIA?Paul - AAA IPRIGHT
In Australia, the ownership of a trademark depends on the use of the trademark holder, so the registration of the trademark is not compulsory. However, the holder still needs to register their trademark in Australia to protect it well, because the proof of the use is very hard for the holder. This article will allow you to understand how to register trademark in Australia.
WHAT IS THE PROCEDURE OF TRADEMARK APPLICATION IN AUSTRALIA?
Initially, the trademark applicants need to file their trademark application to Australia Trademark Office and here, their application shall be processed with three stages:
– (1) examination
In the “examination” stage, the application shall be examined about formalities, classification, descriptiveness, distinctiveness, deceptiveness and pre-application which may be conflicted.
– (2) publication
In the “publication” stage, the trademark application in Australia will be available with the information, such as mark, name of applicant, address of applicant or their goods/services, to the public through online and publication.
At that time, other people can oppose an application against the holder if having legitimate reasons. The opposition period is two months from the date of publications.
– (3) registration
When the trademark meets the requirements of examination and no conflicts with the previous application or trademark, the holder shall be granted for the trademark registration certificate in Australia. At that time, the holder can protect their trademark well through registration certificate.
Besides, the time for all of the process is approximately 7 months without opposition.
HOW MUCH IS TRADEMARK FEE IN AUSTRALIA?
– Stage 2: Trade Filing In Australia (Filing Fee + Certificate Fee)
|Scope of work: Filing Trademark Application and trademark certificate fee||FEE
|For the 1st class||385.00|
|For the 2nd class||360.00|
* Note: Our Fee for Trademark in Australia includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
Therefore, although the holders shall have rights with their trademark through their use, the registration of the trademark is still necessary to enable the holders to protect their trademark well.
– Regarding the required documents of trademark in Australia, you can see here.
– You could check trademark fee in Australia here.
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