What are two requirements for a trademark to be registrable in Australia?
To be registrable, your trademark must meet 2 major requirements:
- No conflict with existing trademarks. Your trademark must not conflict with pre-existing registered (or unregistered) trademarks.
- Sufficiently distinctive.
How long does it take to register a trademark in Australia?
7 and a half months
It will take a minimum of 7 and a half months to register a trademark in Australia. Finding out as much as you can about trademark registration can help to clarify and map out a timeline to complete this process.
Do you need an ABN to register a trademark?
Before applying for a trade mark, you should have set up your business structure and registered your Australian Business Number (ABN). Although it is possible to apply for a trade mark without an ABN, you will need to update the owner’s details once you have registered the ABN and transfer the trade mark.
How long does a trademark last in Australia?
10 years
A trade mark is protected in all Australian states and territories for an initial period of 10 years. It can then be renewed every ten years, for a fee. You can renew your trade mark registration 12 months before the renewal date or up to 6 months after. If you renew after the due date you may have to pay a late fee.
What trademark Cannot be registered?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Who can apply for trademark registration?
Who is eligible to apply for trademark registration? Any individual or organization can apply for trademark to protect their product or service. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney. 1.
How much does it cost to trademark a name in Australia?
Applying for a trade mark using the standard filing service
| Action | Fee |
|---|---|
| Trade mark application – with picklist | $250 per class |
| Trade mark application – without picklist | $400 per class |
| Series trade mark application -with picklist | $400 per class |
| Series trade mark application – without picklist | $550 per class |
Should I trademark my business name Australia?
If you want exclusive rights to your business name, you’ll need to protect it with a trade mark. This will help you: protect your name and stop others from trading with it. get exclusive use of that trade mark throughout Australia.
What are the steps to register a trademark?
Steps for Registeration of a Trademark in Inida. Step 1: An application for the registration of a trademark is to be filed before the Registrar of Trademark. It should be filed at the Head Office or the Branch Office of the Trademark Registry Office corresponding to the place where the applicant carries on his/her business. Then,…
How do you get a registered trademark?
You can type a registered trademark symbol on your Windows or Macintosh -based computer by using keyboard codes. Hold down the “Alt” key and type 0174 using the number pad on the right of the keyboard if using a Windows-based computer. When you release the “Alt” key, the symbol appears.
How do you look up a registered trademark?
Look for the tradmark (TM), service mark (SM) or registered trademark (®) symbol next to the name as it appears in the search results–both in the Web page title and search result snippet (if available). Search for and launch the official website of the company you believe may have a trademark.
Why to register your trademark?
1) Avoiding Unwelcome Change Changing the name of a company can be a difficult and costly task. 2) Building value Because of the above, potential investors will always be interested in whether a business has trademarked its name, key products or services. 3) Protection