Frequently Asked Trade Mark Questions
What makes a good trademark?
A good trademark is new and distinctive. The newness means that it has not previously been used or registered in Australia for similar goods or services. Distinctiveness refers to the ability of the trade mark to stand out from ordinary words that might be used to describe the goods or services. A trade mark word may allude to features of the goods, but not directly describe the goods or services. Otherwise it is likely to be rejected.
Is it better to apply for a word or a logo trade mark?
A word type of trade mark will protect that word in a range of fonts, styles and formats, whereas a logo trade mark will only cover the word in the style that is included in the logo.
What is included in the cost?
The cost of filing an application for a trade mark includes: the government fee for approved goods; professional attorney oversight to ensure that the application is correctly made; monitoring and forwarding you the examination report or early acceptance notification; guidance on how to overcome examination rejections; forwarding you the certificate of registration; acting as the address for service in Australia; maintaining records on your behalf.
Should I do a search to see if the trade mark is available?
Yes! It is a requirement that a trade mark not be similar to an existing trade mark that is either used or registered in Australia.
How long does it take to get a trade mark?
A trade mark application in Australia will take about 2 months to be examined or about 1-2 weeks if you request expedited examination. If examination is successful you may get early acceptance, otherwise you will receive an adverse examination report. If successful, there is a waiting period for international applications and your application will be advertised after about 5 and a half months from the date of application. This starts a 2 month period of open advertisement to allow for any oppositions. If there are no oppositions your trade mark will be registered after 7.5 months. If the trade mark examiner raises objections then you will have 15 months within which to place your application in order for acceptance.
If my trade mark is rejected, do I get my money back?
No, the application fee is non refundable.
Someone else has stolen my trade mark. What can I do?
If you have been trading in Australia, and you discover that someone else has applied for registration of the same trade mark then you may lodge an opposition against their application during the 2 month opposition period. If the opposition period has ended and you believe that they are not legitimately planning to use the trade mark then you may raise an objection on the grounds that they have no intention to use the trade mark in good faith.
How can I get my Australian trade mark accepted quicker?
1. Search to ensure that your trademark is new and there are no similar trademarks already on the register before you apply.
2. Use the pick list to ensure that the goods and services fall within the classes.
3. Select a trade mark that is inherently distinctive and does not use words ordinarily used in relation to the goods or services.
4. Apply for expedited examination if you have a genuine business reason for an early outcome.Why file a trade mark, why not just start using the trade mark?
The advantage of having a registered trade mark is that you have a enforceable rights to prevent copycats using your name. Your registered trade mark will also be cited by trade mark examiners against any new applications that are similar.
Can I register my trade mark in other countries?
An Australian or New Zealand trade mark application can be used as a basis to file applications in many other countries around the world.
We offer tailored trade mark solutions so that you can safeguard your intellectual property.
Reach out today to protect your brand.