The Registration Process
IP Australia has a plain English application kit to help you through the process of applying for a registered trade mark. In general, an application needs to have detail of your name, address, the mark and a specification of goods or services. The mark can be in plain typescript or a graphic representation. The Trade Marks Application Kit and application forms are available from www.ipaustralia.gov.au. It is also possible to file on-line at a reduced cost.
Click here to access the Trade Marks Application Kit and other relevant trade mark forms and publications online.
It is important to be clear about the mark that you intend to use and also the specification of your goods and services as only changes to limit the specification may be available during examination.
Applications are examined in order of filing, to see if they meet the requirements of the Trade Marks Act 1995. The period of time taken between filing and examination of applications can vary considerably due to significant fluctuations in the number of applications lodged at any given time. However, your trade mark will be registered from the date you filed your application, not from the date it was examined or accepted. While it may be possible to expedite the examination of your application, in line with our obligations under international conventions, the earliest that a trade mark can be registered is around 7 months.
However, a registered trade marks or patent attorney and other experienced IP professionals may be able to provide you with advice on the registrability and use of your proposed trade mark. Alternatively, if you are unsure of the acceptability of your trade mark for registration, use IP Australia's TM Headstart service.
TM Headstart provides an assessment that can help you determine the suitability of your trade mark for registration. It is simple, fast and offers you the opportunity to speak with an IP Australia staff member about the registrability of your proposed trade mark with minimum delay (around five days).
Using TM Headstart may help you overcome difficulties associated with meeting the requirements for registration of your trade mark. While TM Headstart is simple and fast, there are some other advantages and also limitations to this service. The service is only available online at IP Australia's Website.
Using TM Headstart may help you overcome difficulties associated with meeting the requirements for registration of your trade mark. While TM Headstart is simple and fast, there are some other advantages and also limitations to this service. The service is only available online at IP Australia's Website.
