Australia Trademark Registration

Australia is a member of WIPO since 1972, as well as a member of the Madrid Protocol since July 11, 2001. It means you may apply for the Australia trademark oversea thru the Madrid Protocol. Australia is a “first to use” country and it receives some level of protection if a trademark is used in Australia. However, enforcing a registered trademark in Australia is much easier as the business owner does not have to establish the public reputation of the trademark. Only registered Australian trademarks can use the copyright symbol with full protection in Australia.

 

It accepts words, logos, 3D trademarks, sounds, names, and colors, etc. However, you will have to prove that a regular client will be capable to distinguish your product with a non-traditional trademark on it from products of your competitors. Multiple-class applications are acceptable. Australian trademarks are also protected on the Christmas Island, the Cocos (Keeling) Islands and Norfolk Islands (NF).

 

Duration of Application: 7-9 months (if no objections or oppositions arise)

Mark Validity: 10 years from the date of application

Mark Renewal: The registration is renewable for periods of 10 years.

Mark Cancellation: If a trademark has not been used within 3 years, the registration is vulnerable to cancellation upon request of a third party. An application for cancellation due to non-use over a 3-year period cannot be filed until at least 5 years after the filing date of the trademark.

 

For enquiry of the Australia trademark registration or other international trademark application, please contact us for free trademark consultation.