Australian Trademark Registration Services Since 2009

Registering your trademark in Australia is crucial for protecting and strengthening your brand.

Here’s why it’s so important:

1. Exclusive rights: Securing exclusive rights to use your brand name, logo, or tagline across all of Australia prevents others in your industry from using similar marks and helps you stand out in the market.
2. Legal protection: Trade mark registration provides a solid foundation for taking legal action if someone uses your trade mark without permission.
3. National coverage: Enjoy comprehensive protection that extends across the entire country, not just your local area. This ensures your brand is consistently protected wherever you operate.
4. Brand credibility: Enhance your brand’s credibility and build trust with customers. A registered trademark adds legitimacy and can make your business appear more professional.
5. Asset creation: Your trademark becomes a valuable asset that can be sold, licensed, or used as collateral. This adds financial value to your business.
6. Franchise and expansion potential: If you plan to franchise or expand internationally, having a registered trademark is essential. It helps establish your brand and protect it as it grows.
7. Dispute prevention: Reduce the risk of costly legal battles over brand ownership. Registering your trademark helps avoid future disputes by clearly defining your rights.

IP Australia groups goods and services into different trademark classes. There are 45 trademark classes in total: 34 for products and 11 for services.

Most Australian businesses register for 2 or 3 classes, with a separate fee for each one (this fee goes directly to IP Australia).

Choosing the right classes and subclasses ensures comprehensive protection for your business – something our specialised legal team can help you with!

While you can register a trademark yourself, the process is complex and time-consuming. Without expert guidance, it’s easy to make mistakes that could lead to a rejected trade mark application or insufficient protection for your brand.

Many rejections can be resolved with proper adjustments, and while this may require additional work, we’re here to support you through the process.

If your application is rejected:

• We’ll update you and explain the reasons
• Our team can review the rejection and explore options
• We’ll discuss next steps to help you decide on the best course of action

While we can’t anticipate exactly how long the trademark registration process will take, for most of our clients, it generally takes 3-6+ months.

Having our experienced trademark registration lawyers on your side ensures that the process is as efficient as possible, minimising delays and maximising your chances of a smooth, quick and successful registration.

Yes, trademarks in Australia expire every 10 years. A registered trademark is initially valid for 10 years from the filing date. After that, you can renew your trademark indefinitely every 10 years.

You can apply for renewal starting 12 months before the renewal date, and there is a grace period of 6 months after the renewal date (with additional trademark registration fees) to renew your trademark. If you don’t renew it within this time, your trademark will lapse.

And beware of scam trademark renewal services targeting trademark owners. These scammers collect details about business owners and their trade marks from the IP Australia Trade Marks Register, a publicly accessible online trademark registration database. They use this information to send what appears to be an official “renewal notice” to the business for an inflated fee. Some even try to charge for unnecessary services like inclusion in unofficial databases or directories.

Preliminary trademark protection begins once you file your application:

• Priority Date: Your application date becomes your ‘priority date’, giving you precedence over later applicants for similar trademarks.
• Pending Rights: While you wait for your trademark to be approved and fully registered, you can use the ™ symbol to indicate your claim to the trademark.
• Officially Registered: Full legal protection only comes into effect once your trademark is officially registered. You can then use the ® symbol, and your rights to the trademark will be considered to have started from the initial ‘priority date’.

Before investigating how to trademark your brand internationally, you’ll first need to register your trade mark in Australia.

For more advice on international trademark registration and brand protection, fill out our contact form.

The easiest way to contact us is to fill out our contact form.

Alternatively, you can email us at support@legal123.com.au, book a 30-minute call, or phone us on (02) 8003 7317 (Sydney).