How can I go about registering a trade mark?
Are you considering registering a trademark? Unsure where to start? Understanding the trade mark registration process is essential for safeguarding the identity of the brand that you’ve already dedicated so much effort to establishing.
Who is IP Australia & what does the process entail?
A trade mark is registered with the appropriate government authority in every country. IP Australia is the governing body responsible for overseeing trade mark registration and administration in Australia.
After a trade mark application is submitted with IP Australia, it undergoes examination by a trade mark examiner. If no objections are raised by the examiner, the application proceeds to publication and is advertised in the Australian Official Journal of Trade Marks.
This marks the beginning what is known as the “opposition period.” During this two-month period, any third party can oppose the registration of a trade mark if they have concerns. If no opposition is lodged by the end of two months, the trade mark is officially registered.
How long does it take to get registered in Australia?
The time it takes to register a trade mark in Australia can vary but typically ranges from 7 to 12 months from the filing date. However, this timeline can be affected by factors such as the complexity of the application and any objections or oppositions raised during the process. It is also worth noting that a trade mark’s “priority date” – that is, the date from which your trade mark has enforceable legal rights – is taken to be the filing date.
What are trade mark classes?
In simple terms, trade mark classes are the formal categories that define the goods and/or services that you want your trade mark to be protected for when you file a trade mark application.
It is crucial to indicate the specific goods or services associated with your trade mark to ensure its protection is limited to those particular items. For instance, as a fruit shop, you would apply for your trade mark to encompass goods and services related to retail and fresh produce.
Can I apply for a trade mark myself?
While you can certainly apply for a trade mark by yourself, seeking assistance from Lovemarks can offer you beneficial legal support during the trade mark registration procedure. This ensures that your application fulfills all essential criteria and enhances the chances of a successful registration on the first try.
Once I file my trade mark, can I amend it?
In most cases, amendments to a trade mark application are allowed before registration. However, it is crucial to consult with a trade mark lawyer or agent to ensure that any amendments comply with the relevant laws and regulations. A trade mark cannot be amended once it has been officially registered.
When can I use the ® symbol and the TM symbol?
The ® symbol indicates that a trade mark is registered with the relevant trade mark office and is protected by legally enforceable Intellectual Property rights. On the other hand, the ‘TM’ symbol is used to indicate a claim of trade mark rights, even if the trade mark is not yet registered. Once your trade mark is registered, you can use the ® symbol to signify its registered status. It is illegal to use the ® symbol if you do not have a registered trade mark.
How long does a trade mark last for?
In Australia, trade marks are registered for a period of 10 years. They can be renewed every 10 years for an additional fee. There is no limit on how many times a trade mark can be renewed, meaning that trade marks can feasibly be held in perpetuity. However, to maintain your trade mark registration, you must continue to use the trade mark in connection with the goods or services for which it is registered. Failure to do so may result in the cancellation of your trade mark registration for non-use, so it is essential to actively use your trade mark in order to preserve its legal rights.
If you have any further queries regarding trade marks in Australia or abroad, please feel free to reach out to the Lovemarks team.
