Q&A Trademark in Australia

After receiving protection certificate, although the owner does not have to prove the use of their trademark in practice, the trademark needs to be used within the following 3 years. However, others only can require the cancellation of the protection certificate when the time for the non-use of such trademark is 5 years from the date of registration, meaning the date of filling application. Hence, when having a justifiable request, the owner must prove the use of their trademark in fact by providing the evidence of carrying out the trading actions with such trademark such as advertising, establishing business locations or at least providing a single sale during the relevant three-year period with genuine commercial use. Therefore, if not have proof for the use for five consecutive years, the effectiveness of the trademark shall be terminated upon request of other third party.

Therefore, if having request of others, the holders need to prove the use of their trademark in fact. When having evidences of the non-use of such trademark for five consecutive years, they will not have rights with their trademark.

Australia __ Country Guides Essential Information on Trademark Protection Worldwide

Today, more and more trademarks of organizations and individuals are granted certificates in Australia. Hence, after receiving trademark certificates, which rights do owners of trademark have in Australia?

The protection of a trademark in Australia is 10 years from the date of filling the trademark application in Australia. Besides, the holder can make the renewable of the protection certificate for unlimited times with 10 years per time without documentation required. In case of the expiration of the renewable date, a grace period for renewable registration is 6 months for the holder.

In addition, after successful trademark registration, the trademark owner has rights to use the registered trademark, oppose subsequent conflicting applications, bring a cancellation action against a subsequent conflicting registration, sue for infringement against confusingly similar third-party trademark use, license other third parties to use the trademark, apply for seizure by customs authorities for importation of counterfeit goods, obtain damages for infringement.

In conclusion, knowing which rights the owner has for their trademark after successful trademark registration in Australia is very important to protect their trademark and settle the infringement in practice.

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

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.

– You can also check the Fee of Trademark In Australia here

– You can check the required documents of trademark in Australia here.

You could visit here to see Procedure of Australia Trademark Registration.

Contact AAA IPRIGHT: Email: info@aaaipright.com

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