Faq

Registering your trademark provides you with several key benefits: • A valuable business asset: As your business grows, so does the value of your trademark. • Legal protection: You gain the right to use the ® symbol alongside your trademark. • Exclusive usage rights: You have the sole right to use your trademark throughout Australia. • Enforcement capabilities: You can legally prevent others from using your trademark without permission. • Commercial opportunities: You can sell your trademark or license it to others for use.

The trademark registration process in Australia typically takes between 7 to 9 months, depending on whether any issues arise during the examination. Here’s a breakdown of the key stages: 1. Filing: Once your application is submitted, it’s usually reviewed within 1 to 2 weeks. 2. Examination: An examiner will review your application within 3 to 4 months to ensure it meets all legal requirements. If there are no objections, your application will proceed to the next stage. If there are issues, an examination report will be issued, and you will have 15 months to address any concerns. 3. Acceptance and Publication: If accepted, your trademark will be published in the Australian Official Journal of Trade Marks for a 2-month opposition period, allowing others to oppose your registration. 4. Registration: If no oppositions are filed, your trademark will be officially registered, and a certificate of registration will be issued. It’s important to note that during the application process, you can already start using the ™ symbol, which shows that you’re claiming rights to the mark. Once registered, you can use the ® symbol, indicating your mark is officially protected. Timing can vary, especially if there are objections, oppositions, or required amendments. While the process might seem lengthy, early registration is crucial as it gives you priority and protects your brand from the filing date.

Our fee includes the review, preparation, and filing of your trademark application in one class, along with expert guidance throughout the process. Please note that government fees are additional and not included in our service fee. Our fee does not cover responses to objections, rejections, or any disputes related to your trademark application.

In Australia, trademark registration uses the Nice Classification system, which categorises goods and services into 45 classes—34 for goods and 11 for services. Each class represents a specific category of goods or services, and your trademark protection applies only to the classes you select when registering. Choosing the right classes is crucial because it defines the scope of your protection. For example, if you run a fitness business that sells activewear, offers fitness classes, and has an app, you may need to register in multiple classes: • Class 25 for clothing and activewear • Class 41 for fitness and training services • Class 9 for software, including apps Registering under these classes ensures your brand is protected across all aspects of your business. If you only registered under Class 25, for instance, your brand would be vulnerable to others using a similar name for fitness services or apps. Selecting the correct classes is also vital for protecting your intellectual property (IP). If you choose the wrong class, you may not be fully protected in your market, leaving your brand exposed to infringement. Properly classifying your goods and services helps safeguard your business, maintain your competitive edge, and ensure you have exclusive rights to your trademark within your industry.

A registered trademark lasts for 10 years from the filing date. You can renew it indefinitely every 10 years.

The ™ symbol indicates that you are claiming rights to the trademark, even if it’s not yet registered. The ® symbol can only be used once your trademark is officially registered.

No, Australian registration protects your trademark only in Australia. Trademark rights are specific to each jurisdiction, so you must register your trademark in every country where you want protection. Your Australian trademark will safeguard your brand throughout Australia, regardless of whether you use it in all regions.

If your trademark application is rejected by IP Australia, you will receive a notification detailing the reasons for the rejection. You generally have the option to respond to the examination report by addressing the concerns raised. This may involve amending your application or providing additional information to clarify any issues.

Minor changes to your application can be made, but substantial changes, such as altering the logo or wording, would require a new application. What can be changed: • Correcting errors: Minor corrections such as spelling mistakes, typographical errors, or formatting issues can be adjusted. • Applicant details: Changes to the applicant’s name, address, or contact information are generally allowed. • Ownership updates: You can update ownership details if the trademark is transferred to another entity. What cannot be changed: • The trademark itself: You cannot alter the trademark's design, words, or any distinctive elements. • Goods and services: You cannot expand or change the list of goods or services covered by the application. • Classes of goods/services: Adding new classes or significantly altering the existing description of goods and services is not permitted. If substantial changes are necessary, you will likely need to submit a new application.