Australian Trademark Registration

If you don’t register your intellectual property, you can’t avoid other traders from registering their own goods or services beneath you personal mark: you may, the truth is, be forced to alter your mark altogether. Register a trademark in Australia to ensure the protection of the intellectual home.

Trademark Eligibility

To be able to be eligible for a trademark, you have to be:

A person A organization An incorporated association Or some combination of these You can’t use your company or trading name to file an application. It’s essential to involve your name because the owner in your trademark application to be able to apply. If your mark is owned by a corporation, you should file the application inside the corporation’s name. Similarly, a trust ought to submit the names in the trustees inside the application. An association can apply for a collective, in lieu of a singular, trademark.

You might be needed to nominate a class, or classes, or goods and services that your trademark is related to within your application. This really is so your trademark protection is tailored for your exceptional business enterprise specifications.

Your application has to be detailed, correct, and descriptive of one’s trademark. A trademark skilled can fill out and file your application on your behalf: this way, it is possible to be sure that your application is filled out correctly. You must also conduct a trademark search prior to you file your application to make sure that your mark will not conflict with other pre-registered trademarks. If your mark is equivalent or identical to a different registered mark, your application will likely be rejected, or the other party could take legal action against you for infringement.

Situations for Acceptance

Prior to it is possible to register a trademark in Australia, examiners must figure out whether or not your mark is suitable for registration. You need to conduct a trademark search to make sure that your mark will not conflict with other registered marks. Alternatively, you can submit a Headstart application with IP Australia. This application is a ‘pre-assessment’ of the eligibility of your mark: it is going to determine regardless of whether your mark is most likely to become registered and calculate your projected fees.

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In order to be accepted for registration, your mark need to primarily distinguish your goods and solutions out of your competitors’. Because of this, it can be tough to register any marks that fall into the categories beneath:

Describe the sort, high quality, intended objective, or value or the goods and services Are common or geographical names Conflict with other registered marks Are misleading when it comes to the nature in the goods and services Other words are protected by law and cannot be registered as trademarks. Some words are protected by additional legislation, for instance ‘champagne’, which cannot be utilised to describe wine of any other origin than that from Champagne, France. A trademark skilled can advise you on prohibited words or trademarks which are unlikely to be registered, which include generic terms.

Picking a Unique Mark

You cannot register a trademark in Australia in case your mark is confusingly related with a further registered trademark that covers goods or solutions similar for your own. Your mark has to be really special to be registered.

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