Malaysia Hotline: +603- 2141 8908
Australia
trademark registration can be obtained for words, logo, numerals, slogan,
device and more. It is provides legal right of exclusivity for use of the mark
to the owner of the trademark. Australia trademark registration is however a
long process involving multiple steps. In this article we cover the trademark
registration process in Australia.
Australia
Trademark Search
Before
filling an Australia trademark to the official trademark office for
registration, we strongly suggest having a thorough search conducted. Due to
processes of search conducted, you will know the chances of successful
registration in a matter. We will conduct a comprehensive search of the records
held in the 'trademark registry' by the government office, and report to you on
any trademarks found to be identical or deceptively similar to yours.
Unlike
business or company name registration, it can sometimes be difficult to
register your trademark if a similar mark is already in place. From
comprehensive report can advise you of options to overcome difficulties. We
will also advise you on matters, other than conflicting trademarks, that may
cause problems or difficulty in registering your mark.
Filing
an Australia Trademark Application
Once the
search is finalized, or if you choose not to have a search conducted, we can
file an Australia Trademark application with the government office on your
behalf. It is at this stage, we must specify which of the 45 classes we are
applying under. A fee is charged per class or category required. A class is
essentially a category of goods or services. For example, if your trademark is
to identify a clothing label, then only one class would be required. However,
if the trademark was also the name of your shop then an additional class would
be required.
Australia
Trademark Examination
Once
filed, the government office will send a letter out within two weeks, to
acknowledge the application as filed and to allocate your official trademark
number. This number remains for the entire life span of your trademark.
The
government office will then ‘examine’ your trademark application. This is to
ensure that it complies with the rules and regulations of trademark
registration, and to ensure there are no other issues that should prevent
registration. The results of this examination will mirror those provided by our
office at the search stage, in nearly all cases. The examination conducted by
the government office will take approximately four months, at which time they
will forward either an ‘acceptance letter’, or an ‘adverse report’.
If your
trademark is accepted, your trademark will be advertised in the Official
Journal of Trademarks on a date specified at the time of acceptance. Once
advertised, a formal ‘opposition period’ will follow. An opposition period is
for three months and means that any third party can file an official objection
against your trademark becoming registered.
If the
government office issues an examination report, it means that a problem, of
some description, has been found. If this is a minor issue, we will attend to
it on your behalf and report to you accordingly. However, if it is a bigger
issue, such as a similar mark has been found, or the trademark has been deemed
generic, we will need further information from you, in most cases, before
responding the report.
Australia
Trademark Protection
Once
your mark has been accepted, and presuming no third party objects to your
registration during the standard three month opposition period, your trademark
will become registered for a period of ten years from the date of filing.
Contact
us
If
you have further queries, please contact Tannet
24
hours Malaysia hotline：603-21418908;
24
hours Hong Kong hotline：852-27837818;
24
hours Hong Kong hotline：86-755-
36990589;
Email:
mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my