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Trademarks Registration

The basic process of obtaining a Cetificate of Registration of trademarks for goods and services

Overview

Introduction

You apply to Australia Registrar for registration for your trademark.  It takes about 8 to 10 months between application and registration for a standard trademark application.  Application time frame are divided into four stages

Stage 1

Application

Lodge the application through our services.  We shall provide you with an application number the same day of lodgement.   Upon the acceptance of the application within 2 weeks, an official receipt and notification shall be issued by the Registrar. 

Stage 2

Examination

Your trademark will be examined within 13 weeks from the application date.  If there are objections, IP Australia will issue an examination report, confusion with exisiting marks on the registrar or descriptiveness. You must resolve the questions arising from the examination within 15 months.  If the trademark is cleared in the examination stage, then the trade mark shall be advertised in the Official Journal.

Stage 3

Publication and Opposition

Your mark is then published in the IP Australia Official Trademark Journal, which lists all the trademarks the Registrar believes qualify for registration.  The public then has two months to object.  If someone does object, they must file a Statement of Opposition within the opposition period.

Stage 4

Registration

After acceptance by the examiner, the certificate of registration shall be issued if no one oppose the application within the 2 months opposition period.

Trademarks FAQ

Do I need to have trade mark search before applying?

We recommend you to conduct a trade mark search before applying

How long does a trade mark last?

Initial registration of a trade mark is for 10 years.

When my trade mark will be examined?

Your trade mark will be examined about 4 months after the date of filing.

How long does a trade mark register?

Your trade mark can be registered about 9 months after the date of filing.

Can I renew my trade mark?

You can continue to renew it for successive periods of 10 years.


What if I forget to pay my trade mark renewal fee on time?

A six-month grace period for payment will be given after your trade mark expires. However, you need to pay monthly late fee during this grace period. At the end of the six-month grace period, if your renewal fee has not been paid, your trade mark will be removed from the registrar and cannot be restored.

How will I know if my trade mark has been renewed?

After paying a renewal fee, IP Australian will issue a notice of renewal. Once we receive the Notice, then we will forward you the official notice by email.

Trademark Renewal

A registered trademark can be renewable indefinetly.  Initial registration is for 10 years.  It must be renewed every 10 years to remain enforceable.


We can assist you to apply the request to renew the trademark, monitor the renewal request and forward you the official notification when IP Australia has renewed your trademark registration.  


Trademark Refusal

We can help you to plan your trademark application to avoid being objected by the examiner during examination.

In case the application is objected by the examiner, there is a strict time limit to file a response to the examiner to overcome all the objections before the final acceptance date.

Extension of time

You will need to apply for extension of time in various situations, such as reply to examination report, filing of intention to oppose the registration,  delay of payment of renewal fees.

We can help you to make a request of extension of time in trademark matters.



                    

International Trademarks

We can help you to obtain the protection of your international intellectual property rights in the following countries:

China, Hong Kong, USA, Europe, Japan, Korea


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Designs

A registered design give the owner a right over others

What is a design?

A design refers to the features of shape, configuration, pattern or ornamentation which give a product a unique appearance, and must be new and distinctive.

Registration 

A registered design gives the owner the rights of protection for visual appearance of the product and exclusive rights to commercially use, license, or sell the design.

Designs renewal

A design registration is valid for 5 years and is renewable upon payment of renewal fees for another 5 years. 

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Copyrights

The scope of copyright in Australia is defined in the Australian Copyright Act 1968.  Designs may be covered by the Copyright Act  as well as by the Design Act.

Protected subject matter

Different kinds of subject matter such as books, video, arts, works have difference rights.  Owners of copyrights in works have right to reproduce, publish, perform, and adapt the work.  Owners of copyrights in other subject matter have the exclusive right to make copies, to communicate them to the public, and to cause them to be heard or seen in public.

Registration

There is no central official system of registration of copyrights in Australia.  However, the individual state government and the commonwealth government have various legal deposits requirement on copyrights.  Please contact us if you require assistance in obtaing your copyrights and making legal deposits.

ENQUIRY/PRICING

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ABOUT US


We are a team of trademark specialists and intellectual experts specializing in intellectual property matters. Our trademark lawyers and experts provide advice and portfolio management to national and international companies.

As member of Australia Alliance Lawyers Network, our aim is to offer personalized services that focus on the quick delivery of results and resolution of procurement and interests relating to intellectual property. 

Our office is located in Sydney, Australia and we are connected with worldwide trademark and patent agents around the world.




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Foreign associates and agents are most welcome.
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APROTRADEMARKS.COM

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Email: info@aprotrademarks.com
Website: aprotrademarks.com


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Contact us for your trademarks,  designs and copyrights.  
                 
Trademarks
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Address:  P O Box 2265, Taren Point, Sydney NSW 2229, Australia
Telephone:  61-403818931 (international)
Australia:     0403818931


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