HOW TO REGISTER YOUR TRADEMARK IN AUSTRALIA

Introduction:

A trademark is a sign, symbol, label, number, design, etc. which is used to identity goods or services of a person or distinguishes the goods or services of a person or a business from the goods and services of others. A trademark is an asset that can be registered for an infinite number of years provided the mark is renewed from time to time. Initially a mark can be registered for ten years and similarly can be renewed for ten years. However at the same time mark once registered, can also be removed due to its non-usage for more than three years. Other advantages of registering a trademark include exclusive protection of the mark, right to sue the other party for infringement, licensing, selling of a trademark and so on.

The trademark laws of Australia is guided by the Trade Marks Act 1995, following the NICE international classification system, which defines 45 classes out of which 34 represents goods and 11 represents services.

Essentials for applying a trademark to be registered:

Before applying for the registration of a trademark one must first search whether the mark to be applied for is a distinctive mark and that it is not similar to any existing mark or pending mark of the third party within the same class for which the applicant is applying for. As having two similar marks for similar goods or services can create confusion in the minds of customers and they might associate the applicants mark with the preexisting registered trademark. Also while naming a trademark it must be kept in minds that the mark is not a descriptive term. A mark must not be a descriptive term in the sense that it must not be descriptive of the goods or services for which the mark is applied for. Also a mark must not be a generic word, short combination, common surnames and Geographical indication.

In order to apply for the registration of trademark in Australia one must either reside in Australia or New Zealand or must have an agent residing in the same.

Registration of a trademark:

• Mode 1: The IP Australia website provides you with a Pre Application Service (TM Head start) for the novice users. It is a pre application service where you can send your application to the registrar to detect errors in your application. After examining the application the examiner will give you an opportunity to amend the application before formally submitting it. On receiving the assessment report, the applicant must within five days of receiving the assessment report submit the amended application to be reexamined. The examiner will only assess marks which include words or phrases, words and phrases and logos. The fee to be paid for the Pre Application Service is $330 Rupees.

• Mode 2: The other is Standard Application Mode, wherein the customers who are already well versed with the filing procedure, file application for registration of the trademark. The examination of the mark will take around three to four months and if the there is no objection, the examiner will publish the mark at the  Australian Official Journal of Trade Marks for two months for the purpose of receiving opposition, if any. In case of no opposition your application will be successful and the mark will be registered.

Conclusion:

The trademark is registered in Australia for ten years from the date of filing the application and a certificate of Registration is issued.