Registering a Trademark in Australia

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If you are starting a new business in Australia and wish to protect your brand then it’s a good idea to considering registering a Trademark. A trademark is a sign or symbol that distinguishes the goods or services of one business from those of another. Registering a trademark via IP Australia can help protect your brand and prevent others from using similar signs or symbols.

What is a trademark?

A trademark is a sign or symbol that identifies and distinguishes the goods or services of one business from those of another. A trademark can be a word, phrase, logo, or a combination of these elements. It is used to indicate the origin of the goods or services and to establish a connection between the brand and the consumer.

Why you need a trademark?

There are several reasons why you might want to register a trademark:

  • To protect your brand and prevent others from using similar signs or symbols
  • To establish a connection between your brand and the consumer
  • To enhance the value of your business and make it more attractive to investors
  • To create a strong and recognizable brand identity that sets you apart from your competitors

How to register a trademark in Australia?

To register a trademark in Australia, you need to follow these steps:

1. Conduct a trademark search

Before applying for a trademark, it’s important to make sure that it’s available and doesn’t infringe on someone else’s trademark. You can conduct a free trademark search on the IP Australia website.

2. Determine the type of trademark

You need to decide what type of trademark you want to register. This could be a word, logo, or a combination of both.

3. Decide on the classes

Trademarks are registered under specific classes, which relate to the type of goods or services you provide. You will need to decide which classes are relevant to your business.

4. Prepare your application

You can apply for a trademark online through the IP Australia website. You will need to provide details about your business, the trademark you want to register, and the classes you want to register it under.

5. Submit your application

Once you have prepared your application, you can submit it through the IP Australia website. You will need to pay a fee at this stage.

6. Wait for examination

Your application will be examined by IP Australia to make sure it meets the requirements for registration. This process can take several months.

7. Respond to any objections

If IP Australia raises any objections to your application, you will need to respond to them within a specified timeframe.

8. Receive your registration

If your application is successful, you will receive a certificate of registration. Your trademark will be protected for an initial period of 10 years, and you can renew it indefinitely.

Where to register a trademark in Australia?

You can register a trademark in Australia through the IP Australia website. The website provides detailed information on the registration process, including how to conduct a trademark search, how to apply for a trademark, and how to manage your registration. You can also seek assistance from a trademark attorney if you need help with the application process.

Cost to register a trademark in Australia

The cost of registering a trademark in Australia depends on several factors, such as the type of trademark, the number of classes you register under, and whether you use a trademark attorney to assist with the application. As of April 2023, the fees for a standard trademark application in Australia are as follows:

  • One class application (online filing): AUD 330
  • Additional classes (online filing): AUD 330 per class
  • One class application (paper filing): AUD 480
  • Additional classes (paper filing): AUD 480 per class

These fees are subject to change and do not include any additional fees for responding to objections or other related services. If you use a trademark attorney to assist with your application, their fees will be additional to the above fees.

It’s important to note that these fees are only for the application process, and there may be additional costs associated with maintaining and enforcing your trademark in the future.

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