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A trade mark registration means you are the ultimate owner of the trade mark.
A registration acts as a deterrent to others using an identical or similar trade mark.
You can stop others using the same or similar trade mark.
You can sell, assign or transfer the trade mark just like regular property.
Your Australian trade mark can be used to protect the trade mark overseas.
If filed within 6 months, you can rely on your Australian filing date.
A trade mark registration lasts for 10 years.
It can be renewed for a further 10 years (in perpetuity).

There is no global trade mark per se. IP rights are just national rights.

Your trade mark registration protection here in Australia will not protect the trade mark overseas. If you want to protect your trade mark overseas, you can either file applications directly into your country of interest with the assistance of overseas trade mark attorneys (whom we know) or we file an international application with the World Intellectual Property Office (WIPO) and designate multiple countries of interest. There are currently 115 countries to protect through WIPO.

We review your application for any defects. Once settled, we prepare and file your trade mark application with IP Australia. If we have all the right information we can file your application on the same day as its received.

Upon filing your application, IP Australia take some time (usually 1-3 months) to examine the application. If accepted, they wait 6 months before they advertise your application in an official trade marks journal for registration. IP Australia wait to allow overseas applications to be filed within the previous 6 months as a priority to your application. This is called ‘convention priority’.

If issues are raised by IP Australia we have 15 months to deal with these issues and to gain acceptance.

Once advertised, the application remains open for opposition (by any aggrieved third party) for two months. If unopposed, your trade mark is registered.

When an application is filed, we have to describe the goods or services the trade mark will be used for. These goods or services are classified into different classes. There are 45 potential classes. Classes 1-34 relate to goods and classes 35-45 relate to services.

We can file your application today!

In Australia the process can take over 7 months.

Upon filing your application, IP Australia take some time to examine the application. If accepted, they wait 6 months before they advertise your application for registration. Ip Australia wait to allow overseas applications to be filed within the previous 6 months as a priority to your application. This is called ‘convention priority’.

Once advertised the application remains open for opposition (by any aggrieved third party) for two months. If unopposed, your trade mark is registered.