How do I register a trade mark in Australia?
Once you have completed a successful trade mark search the next step in the trade mark registration process is to lodge an application with the Trade Marks Office of IP Australia.Actuate IP’s trade mark attorneys work with you to understand the current and intended business activities to be carried out under the proposed trade mark name. This information is critical when drafting appropriate specifications, as these will dictate the boundaries of the trade mark’s protection.
IP Australia then examines the application in accordance with the Trade Marks Act 1995 and Trade Marks Regulations 1995. If any issues arise, IP Australia issues a report and Actuate IP will present submissions or amendments on your behalf to overcome these issues. Examination can take anywhere between three and six months, although you can seek an expedited examination.
If IP Australia raises no objections, the application then proceeds to acceptance. An accepted application is published in the Official Journal of Trade Marks, at which point it is open to a three-month opposition period.
Following the opposition period, the required government registration fees can be paid and the trade mark is officially registered.
The overall process from filing to registration generally takes seven to nine months. A trade mark registration can be maintained indefinitely, so long as renewal fees are paid every 10 years.
What fees apply to the trade mark registration process?
Actuate IP prefers to be as transparent as possible with regard to costs. We progress our work for you in stages, so you are able to make decisions in line with your budget as the matter progresses. We provide estimates of the costs at every key stage, and if there is a change in the scope of the matter that affects our original estimate, then we will discuss this with you first.How do I register a trade mark internationally?
An Australian trade mark registration provides protection only in Australia. To protect your trade marks overseas, you will need to register you trade mark in each country of interest.There are three possible methods, and Actuate IP’s extensive international network of associates can assist. See our filing trade marks overseas page for more details.
How can Actuate IP assist?
Actuate IP’s trade mark attorneys can provide straightforward and practical advice to take you through the steps in registering a trade mark.Contact Actuate IP to learn more.