• International Country Code:

    AU
  • Time Zone:

    UTC/GMT +10:00
  • Currency:

    Australian dollar (AUD)

Trademark registration in Australia

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  • Trademark fees

Fees associated with filing trademark applications in Australia as well as other trademark fees are available in the fee calculator.

  • Multiple-class applications

Multiple-class trademark applications are possible in Australia.

  • Filing requirements in Australia

An application must be filed in English and contain at least the following:
- representation of the trademark;
- specification of goods/services;
- applicant's name and address;
- priority claim, if any;
- confirmation that the application fee was paid.

Convention priority is to be claimed on filing the application or within two days thereof. A certified copy of the Priority Document may be required during examination; and an English translation of the document (if in another language) with a certificate of verification relating to the translation.

Submission of the Power of Attorney is not required for trademark registration in Australia.

  • Examination, publication and opposition of a trademark application in Australia 

The process of examination consists of a formal examination, an examination of distinctiveness and a search for prior trademarks.

If accepted for registration, the trademark application is published in the “Australian Official Journal of Trade Marks”.

Opposition against a trademark in Australia may be filed within two months from the publication of acceptance date.

  • Grant, validity term and trademark renewal

The official grant fee for a trademark certificate must be paid within 6 months from the date of publication in the official bulletin. The trademark registration in Australia is valid for ten years from the filing date. Trademarks may be renewed for consecutive periods of ten years within 12 months before the expiry of the validity term. Late payment is possible within a six-month grace period by paying a corresponding surcharge for each lapsed month or part thereof.

  • Duration of registration procedure

Once the application is filed, it takes approximately 7 to 24 months to register a trademark.

  • Use requirement

If a trademark in Australia has not been used within a continuous period of 3 years since registration, the registration may be cancelled on the basis of a third party’s request filed not earlier than 3 years from the filing date.

  • Representation by a patent attorney

For foreign applicants, it is recommended to perform trademark registration in Australia using an agent - a registered Australian and New Zealand trademark attorney.

  •  Note

Online Search Databases: Australian Trademarks, International Trademarks.

Brief summary is based on the information provided by PIPERS on 08.01.2019
Please contact us if the above information contains any discrepancies with Australian IP Laws

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