Introduction to Australia Trademark Registration System -- Trademark Registration -- kaizen
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Introduction to Australia Trademark Registration System

Introduction to Australia Trademark Registration System


Official Office for Trade Mark Registration


IP AUSTRALIA


Joined International Treaties for Trade Marks


Paris Convention; Trademark Law Treaty; Madrid Protocol; Singapore Treaty


Principle on Trade Mark Protection


Australia adopt mix-principles of 揻irst-to-use?and 揻irst-to-file?for the trademark protection, the Trade Mark Act of Australia mainly protects the registered trademarks, and un-registered marks are protecting by the Common Law.


If an un-registered mark is used by someone else, a court action against the infringement can merely on the ground of 損assing-off? In such case, it is necessary to proof that the trademark is famous, and use of the infringe mark may cause confusion and/or misleading to the public.


If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action, and that the procedure is much simpler.


Kinds of Registrable Trade Marks


In Australia, the term 搕rade mark?includes word mark, device mark, shape mark, their combination, 3D mark, color per se mark, sound mark, smell mark, and non-conventional trademarks, such as motion trademark.


In addition, there are special trademarks are enacted and protected, such as 揷ertification mark? 揷ollective trademark?and 揹efensive trademark?


Required Information and Documents


  1. Applicant抯 name, address, nationality / company抯 registered country;
  2. Specimen of the mark to be applied;
  3. List of goods/services to be applied, and the class(es);
  4. Translation & transliteration of foreign language in the mark; and
  5. Priority document, if any.

Timeframe and Procedure for Application


If an application goes smoothly, the whole registration procedure takes about 6-8 months.


A trademark application in Australia usually takes about 3-5 months for examination, if there is no any refusal, it will then publish for 2 months for opposition purpose. If no opposition is filed, an electronic registration certificate will be issued within 1 month after the end of publication.


Duration and Renewal of Registration


A trade mark registration in Australia is valid for 10 years from the date of application, which can be renewed every 10 years, from 6 months before the renewal due date or up to 6 months after the date expires.


Cancellation System


If a registered trademark has not been actual used in Australia by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.


Relevant Information


Australia Trademark Registration Costs and Procedures



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