As a Commonwealth country, Australia's trademark legal system originated from the United Kingdom and has a history of more than 100 years. Currently, Australia implements the Trademarks Act 1995 and the Trademarks Regulations 1995. Australia joined the Madrid System in July 2001, adopting the first-to-file principle and also taking into account first-to-use. The components of a registrable trademark include: words, personal names, letters, numbers, sounds, the shape of goods or product packaging, three-dimensional logos and color combinations, etc. You can apply for product trademarks, service marks, series trademarks, certification marks, etc. in Australia. Collective marks, defensive marks, color marks, three-dimensional marks, smell marks and sound marks. Trademark applications for multiple categories can be made.
1. Trademark authority
- Intellectual Property Australia, English: IP Australia
- Website: Trade Marks | IP Australia
- Trade Mark Search: IP Australia | Trade Mark Search
2. How to apply for trademark registration
- electronic submission
3. Trademark registration application language
- English
4. Documents required for trademark registration application
- Trademark pattern
- List of goods or services
- Applicant’s name and address
- Priority information, a certified copy of the priority document, its English translation (if not English) and a certified copy of the translation may be requested during the examination process
Proof of application fee payment
No power of attorney is required to register a trademark in Australia.
5. Australian trademark registration application process
- IP Australia conducts a formal review and a substantive review of the trademark registration application. It will take about 1 week after the trademark registration application is submitted to issue an acceptance notice, and then it will take about 6 months for the substantive review. If the substantive review is passed, it will take 3 months. During the announcement period, if there is no objection, the registration will be approved and a trademark registration certificate will be issued.
6. Documents required for trademark change/transfer
- Name and address before and after change
- Transfer agreement signed by both parties
7. Trademark cancellation
- For trademark registration applications submitted after February 24, 2019, if the trademark has not been used for three consecutive years from the date of registration, anyone can file a cancellation request.
- Any person may request to cancel a trademark based on non-use for three consecutive years after registration. Within one month from the date of submission of the trademark cancellation application, the trademark registrar will notify the trademark owner or relevant interested parties and attach a copy of the cancellation application text. In addition to conveying the cancellation notice to the trademark owner or relevant interested parties, the Registrar also issues a notice of non-use cancellation application by publishing an announcement in the Official Gazette.
- Anyone may object to the revocation application by submitting a notice of intention to oppose within 2 months from the date of publication of the non-use revocation application in the official gazette, and within 1 month from the date of submission of the notice of intention to oppose Submit a statement of grounds and particulars within the month. If you submit after the deadline and do not apply for an extension, you will be informed that the official will continue to review the trademark cancellation request because a complete objection has not been submitted.
8. Trademark objections
- Within 2 months from the announcement of the trademark, anyone can file an objection request against the announced trademark.
9. Authorization, validity period and trademark renewal
- There are no official fees for Australian trademark applications. An Australian trademark is valid for 10 years from the date of application. A trademark can apply for renewal for 10 years within 12 months before the expiration date. Payment can be deferred during the 6-month grace period, but late payment fees will apply every month.
10. Average time for trademark authorization
- If the trademark registration goes smoothly, if a request for accelerated examination is made, the trademark registration process usually takes about 12-21 months.
11. Other matters needing attention
- Australian trademark applications can ask the examiner to evaluate the trademark before the trademark application is officially submitted. The examiner will provide feedback on the registrability of the trademark within 5 days after the TM Headstart request is made. The applicant can directly talk to the examiner before officially submitting the application. Modifications can be made to the trademark application and a formal examination report will be received within 13 weeks.
