Helpful information about the trademark registration process in Australia.
What is a trade mark?
A trade mark is essentially any sign that distinguishes your goods/services from those of a competitor. This includes a word, phrase, brand, logo, colour, shape and aspect of packaging.
What should I do before commencing use of a new trade mark?
You need to search to make sure the chosen trade mark is available and your use of it will not contravene the prior rights of others. Professional guidance is highly recommended.
Do I really need to register a trade mark?
Registration is not mandatory but does provide commercial benefits, particularly if you need to enforce your rights. Otherwise, you need to establish reputation acquired through use of your trade mark and the likelihood of consumers being mislead or deceived by a competitor’s conduct.
How much does it cost to register a trade mark?
Registration can be achieved from as little as $250 which reflects the filing fee payable to IP Australia for a single class application for an initial 10 year period.
How long does it take to register a trade mark?
The minimum time frame to obtain registration is 7-8 months with rights taking effect from the filing date.
What rights do I get from registering a trade mark?
Registration gives you the exclusive right to use the registered mark for the goods/services for which it is registered and to protect that right through an action for infringement.
What do I need to do once I register a trade mark?
You must make sure the trade mark is properly used for the registered goods/services and renew the registration every 10 years.