TRADEMARK ADVICE: AUSTRALIA

Here’s a shout out on behalf of friends Down Under – a little free advertising, if you will.

Brought to you by Acorn Trade Mark Attorneys in Melbourne, Australia.

How To Choose A Trademark Attorney?

The easiest way to register a strong, enforceable trademark is to engage a trademark attorney. Trademark attorneys are registered with (and recognised by) the Australian government as being specially qualified to do trademarks work.

A registered trademark attorney can help you with trademark advice, trademark searches, and registering your trademark in Australia. You can also get advice and help resolving trademark infringement and enforcement matters.

Most trade mark attorneys offer other related trademark services as well.

What Does It Cost To Trademark In Australia?

To the best of our knowledge, you won’t find a more budget-friendly service provided by registered trade mark attorneys in compliance with Australian law.

Get a straight answer on fixed-fee prices for your trademark on our Australian trademark costs.

What Is A Trademark Search?

trademark search is meant to find out whether someone has already taken your proposed brand.

The initial trademark search can be narrow in scope, covering just the official Trade Marks Register (ie the database maintained by the government regulator, IP Australia).

Their database includes registered marks and pending applications. It will show whether someone’s already registered your proposed trademark with the government.

A more comprehensive trademark search would look much more widely for evidence of business name registrations, web sites and other common law use of a given brand or logo. This will reveal whether your brand’s already being used by one of your competitors, even if they haven’t formally registered it with the government.

How To Register A Trademark In Australia?

The easiest way to register a trademark in Australia is to engage a trademark attorney. Trademark attorneys are registered with (and recognised by) the Australian government as being specially qualified to do trademarks work.

A registered trademark attorney can help you with trademark advice, trademark searches, and registering a trademark in Australia. You can also get advice and help resolving trademark infringement and enforcement matters.

Most trade mark attorneys offer other related services as well.

How To Trademark A Logo?

To trademark a logo, the first step is to do a trademark search. That’s our opportunity to find out whether your logo is actually available to register or use. Searching is a fine art.

Assuming the search is favourable, the next step in the trademark registration process is to file an official application for your logo with the Trade Marks Office. Our trade mark attorneys will work with you to correctly specify the classes of goods and/or services that relate to your brand. This ensures your trademark protection is not too narrow, not too broad, and no more expensive than necessary.

After filing your application, the Trade Marks Office will examine the application in accordance with the trademarks legislation.

If they find any issues with the application, the Trade Marks Office will issue an ‘adverse report’.

To overcome those issues, we would then prepare and file submissions or amendments on your behalf.

If there are no objections, or if the objections are satisfactorily overcome, the Trade Marks Office will accept your application and publish (‘advertise’) it online in the Australian Official Journal of Trade Marks.

This begins the two month opposition period, during which members of the public have the opportunity to raise any issues with your logo. Assuming this goes well – and it usually does – the trademark for your logo will be officially registered in Australia.

Due to international treaty obligations, the overall process from filing to registration generally takes seven and a half months.

The trademark for your logo can be maintained so long as you continue using it and pay the renewal fees every 10 years.

[Here’s a more detailed explanation of the trademark application process.]