Points To Be Noted On Australia Trademark Application

Many of the rules and regulations considering trademark application and registration in Australia are similar to those implemented in other countries. But there are also differences that applicants should take note of.

Governing Agency

IP Australia is the Australian government agency in charge of the process and procedures related to trademark application, approval and renewal. No other government agency has the mandate for the administration of intellectual property (IP) rights. Take note, too, that IP also includes plant breeders’ rights, patents and designs.

Not Everything can be Considered as a Trademark

Keep in mind that the Australia trademark application process isn’t something to be trifled with. Even the smallest mistake can be costly since the application fees aren’t refundable. Attention to detail is a must, too, since your application can be rejected.

Among the common mistakes in trademark application is the confusion about what constitutes a trademark, what its differences are from other IP rights, and when a trademark can be registered. While the trademark process itself is straightforward, it can be confusing at times, particularly for first-timers. This is where a trademark expert comes in!

By the way, an Australia trademark isn’t the same as a design or a logo. It’s usually a combination of words, images and sound, even of movement and smells. It isn’t the same as a patent since it doesn’t have a functional or practical purpose in mind.

We suggest asking yourself a few questions before even filing a trademark application with IP Australia.

• Is your trademark a common sign or a taboo symbol, word or image? These aren’t covered by trademark regulations.
• Is your trademark unique in ways that IP Australia demands it to be? You should conduct a thorough search of the agency’s databases to avoid duplication.
• Is your sense of privacy amenable to the provision that your name, addresses and other relevant information will be published as a public record? You may use a P.O. box as an address if you’re uncomfortable with it.

Again, you should ask for professional assistance if you’re in doubt. It isn’t just about the monetary costs but also about the time and energy required to complete the process.

Not Everybody Is Eligible

You may have a unique trademark in your hands but you have to look into your eligibility to own it. Under the IP Australia rules, the owner of a trademark must be:

• A person or individual
• A legal company
• An incorporated association

A trademark can be owned by one or more persons, companies or associations.  It can also be owned by an unincorporated association in case of collective trademark and by a body recognized under existing legislation.

There’s also the matter of an address for the applicant of trademark registration. Under IP Australia rules, the applicant must have a valid address in Australia or New Zealan unless the application is made under International Registrations Designating Australia rules.

If you need to get professional help, please contact us for free consulation. We are a Hong Kong Patent Application Grant authorised patent agent and offer international trademark application.

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and

Hong Kong Trademark Application & Related Services

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