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  • Australia Trademark Registration
  • Author Date Time:2010-03-30 08:33:51
  • Introduction

    Australia is a member of the Madrid Protocol. Trademark protection is obtained by registration. Non registered trademarks may also be enforced under common law and the Competition and Consumer Act 2010 if they have sufficient public recognition. To do so however is costly and difficult and trademark registration is encouraged.     

     

    Registration Requirements

    1, A copy of the business certificate (Applicants should be a company) or ID (passport) copy (applicants is individual) of the applicant.

    2, Logo

    3, Chose registration classifies.

     

    Registration Procedure

    1, Trademark Search

    Before registration a trademark, it is better to find out whether it is available for use it. Third parties may have older rights entitling them to object to your use and registration. The holder of an older right may take (legal) action against the use of your new name or trademark. Depending on the circumstances, you may have to stop using the name or the trademark. Such conflicts may well turn out to be very costly. Preliminary searches informing you of potential objections before your introduction of the new name or the new trademark are your best safeguard against later unpleasant surprises.

    2, Trademark application

    The application process includes a formal examination to determine any earlier trademarks of conflict, an examination of distinctiveness and generally ensure the trademark complies with the Trade Marks Act 1995. It takes approximately 3-4 months before an office action is issued by the Australian Government Agency for trademarks. After examination, assuming the trademark is approved, the acceptance of the trademark is published in the ’’Australian Official Journal of Trademarks” to allow third parties the opportunity to oppose if they believe the trademark registration would adversely affect them. The opposition period is 3 months after publication in the "Australian Official Journal of Trade Marks".

     

    Application Time

    Notice of acceptance: 3 month. The trade mark can be marked “TM” to use it.

    Approve license: 12-18 months. The trade mark can be marked “R” to use it.

     

    Duration

    A trademark registration in Australia is valid for 10 years from date of application. The registration is renewable for periods of 10 years.

     

    Contact us

    TEL: 86-20-29050789             Mobile: 86- 18620718759 (24 hours service)  

    MSN: topcompass@hotmail.com     QQ: 859092400

    Website: www.for-copmass.com