Your Comprehensive Guide to Trademark Registration in Australia

A brand's identity may become irreplaceable over time. You want to safeguard it from the start so that when you achieve success, you are completely secure. Registering a trademark will protect your company and is almost always a smart personal investment.

“A brand for a company is like a reputation for a person. You earn reputation by trying to do hard things well.”
-Jeff Bezos

Here are the 5 steps one must take for a successful trademark registration in Australia:

STEP 1: Decide if you have a Trademark

You can trademark a name, phrase, logo, image, word, letter, sound or smell. To decide if you have a trademark that you can register, you need to:

• Work out what type of trademark it is
• Decide what classes you want to register it in
• Make sure it’s not already registered or being used by someone else - make it distinctive enough to distinguish your goods and/or services
• Check if it meets the legal requirements for registration

STEP 2: Classification of Trademark

When you apply to register a trademark, you must specify the goods or services for which you want to use your mark. These goods and services are divided into 45 classes. It is imperative to understand the type of trademark you are applying for and define which goods and services class your trademark will fall under prior to applying for it. If you make a mistake, you will not be able to add new items or services to your list after submitting your application.

STEP 3: Trademark Search

It's critical to conduct a thorough search before applying for a trademark to ensure that no similar ones exist. It's a good idea to search as widely as possible. This isn't as easy as it appears. It takes skill and perseverance to be able to identify the same (or similar) marks and marks that could be a potential problem while filing the trademark registration application. Further, if you identify an already existing trademark that is similar to yours, it's possible for both marks to coexist if the range of products and services they cover are distinct. Hence, it's a task better done by an expert in order to avoid any conflicts.

STEP 4: Trademark Application Filing

Trademarks can be owned by individuals or businesses. When no comparable matches emerge after a thorough trademark search, you can go ahead and submit your trademark application. There are various methods to choose from with slightly varying fees. Once an application is submitted, it is examined by IP Australia. This process can take 3-4 months after filing. If your application is approved, you will receive a written notification via online services.

STEP 5: Application Outcome

After your application is accepted, your trademark becomes open to opposition for a period of two months. During this time, a third party may challenge your trademark for a variety of reasons. If this happens, you may have to defend your trademark registration in court and pay due fees for the same. Grounds for objection can be due to a lack of distinctiveness in your intended trademark, or a similarity to another registered trademark. However, your trademark will be registered after two months if there are no such objections to invalidate it and if all necessary fees are paid.

The procedure of filing for a trademark might be time-consuming and overwhelming without the support of professionals. This is where the Trademark Services in Australia by Global Trademark Company will be your guiding light. Reach out to us if you’re looking forward to getting that trademark symbol ™ next to your brand name today!