Australia Trademark Registration

It can take up to 8-9 months for trademark to be registered in Australia trademark office. It depends whether your application will not receive any objections. A strong application can dramatically decrease the chance of setbacks. Due to this, we always advice working with intellectual property professionals.

There are four main stages of trademark registration in Australia: Pre-Filling search, Application, Publication, Registration.

Pre-filling. It is important to do your homework before filling and application. We will evaluate your trademark registration probabilities.
Application. After filing the application to the Trade Marks Registry, the Registry will issue a response to the application within 3-4 months.
Publication. Once the trademark is approved it will be published for 2 months period. If no objection is raised, then an application can be filled for a registration certificate.
Registration. Once the 2 months publication period is over and your trade mark has been accepted for registration, the details of your trade mark will be entered into the trade marks register and a certificate of registration will be issued.

A trademark lasts for an initial period of 10 years from the date of registration.

A registered trademark will prevent and stop third parties from using your trademark and allows you to take legal action against anyone who uses it without permission, they have stronger legal brand protection. Unregistered trademark may enjoy copyright protection and can be protected in jurisdictions affording protection based on trademark’s use in commerce, otherwise it only gives the opportunity to third parties to register it before you and prevent you from continuing to use it. Even for those countries where unregistered trademarks are protected you are well advised to register it in order to obtain the best protection.