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from 890 USD
Additional class
from 890 USD
Trademark Registration in Australia
Australia is a member of the Madrid Protocol, which allows a national trademark application filed in this jurisdiction to serve as the basis for an international trademark application. This significantly increases the jurisdiction’s attractiveness for companies seeking not only to protect their rights within the country but also to expand internationally. Moreover, a trademark registered in Australia grants exclusive rights in several island nations that are part of Australia’s External Territories.
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Why Register a Trademark in Australia?
Registering a trademark in Australia provides legal protection for your brand within the country and its External Territories, as well as the exclusive right to use the mark in relation to the specified goods and services. Australia’s trademark system operates on a «first-to-file» basis, so timely registration prevents the risk of your brand being hijacked by competitors or cybersquatters.
Once registered, you gain the right to prohibit others from using similar marks, which is particularly important for companies entering or already operating in the Australian market.
A registration is valid for 10 years, with the possibility of renewal, and applies throughout Australia, including its external territories. For foreign applicants, the procedure requires the mandatory involvement of a local agent.
Benefits of Registration
Key benefits include protection against counterfeiting, the ability to license your brand, stronger standing in legal disputes, increased business value, and the creation of an asset for potential sale. Trademark registration in Australia is especially important for companies in high technology, agriculture, food production, and education - the key sectors of the local economy. An additional advantage is that an Australian registration can serve as the basis for extending protection to other countries under the Madrid System.
Failure to register may result in being prohibited from using your own brand if it is found to be similar to a previously registered trademark in Australia, as well as complications with customs enforcement against counterfeit goods.
Who Needs Trademark Registration in Australia?
Trademark registration in Australia is important for:
Companies operating in the Australian market
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Local and international brands selling goods or services in Australia
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Manufacturers, retailers, and distributors seeking to protect their products from counterfeits
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IT companies and startups developing unique digital products
Businesses planning to enter Australia
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Foreign companies preparing to export to Australia
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Franchisors needing brand protection before launching a network
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Online stores and SaaS platforms targeting Australian customers
Owners of intellectual property
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Authors, artists, and content creators monetizing their brand
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Owners of unique logos, slogans, or packaging designs
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Companies looking to license or sell their trademarks
Investors and entrepreneurs
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Startups seeking funding (a trademark increases business value)
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Companies preparing for sale or merger
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Firms aiming to protect assets from hostile takeovers
Brands in high counterfeiting risk sectors
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Luxury goods (watches, perfumes, fashion)
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Pharmaceuticals and dietary supplements
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Electronics and gadgets
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Food products and beverages
Trademark Registration Procedure in Australia
Trademark registration in Australia is handled by IP Australia (the Australian Intellectual Property Office) and involves several key stages.
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Preliminary searchThe first step is to conduct a preliminary search in the trademark database to ensure your mark is unique and free from conflicts with already registered trademarks.
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File an ApplicationAfter this check, an application is filed containing applicant details, an image of the mark, and a list of goods and services according to the Nice Classification (NCL).
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Appointment of a Local AgentForeign applicants must appoint a local agent. After submission.
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Formal ExaminationA formal examination is conducted (within 3-4 weeks) to verify the correctness of the documents.
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Substantive ExaminationThis is followed by substantive examination (typically 4-6 months) to assess the distinctiveness of the mark and its compliance with the Trade Marks Act 1995.
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Address Objections (if any)If objections are raised, the applicant has 15 months to address them.
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Publication in Official JournalUpon successful examination, the application is published in the Official Journal of Trade Marks, triggering a two-month opposition period for third parties.
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Opposition PeriodIf no opposition is filed, or if it is successfully overcome, the trademark is registered and the applicant receives a certificate.
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Trademark RegistrationThe registration is valid for 10 years and can be renewed thereafter.
It is important to note that Australia operates on a first-to-file basis, so early filing is strongly recommended. Once registered, the owner gains exclusive rights to use the mark throughout Australia and may prohibit unauthorized use and the importation of counterfeit goods.
Our Services for Trademark Registration in Australia
We offer comprehensive legal support at every stage of registering your brand in Australia:
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Consulting services - Analysis of your brand’s registrability, recommendations on Nice class selection, and clarification of the registration procedure and timelines.
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Preliminary availability search - Thorough database searches, analysis of potential conflicts with existing trademarks, risk assessment, and registration strategy development.
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Application preparation and filing - Compilation of a complete document package and accurate classification of goods/services.
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Procedure support and post-registration protection - Monitoring publication in the Official Journal, tracking potential infringements, and protecting your rights after registration.
