MEMO ON TRADEMARK REGISTRATION IN AUSTRALIA
I. REQUIREMENT DOCUMENTS
a. The trademark details and clear copy of the mark, logo to proceed with the application;
b. Information of applicant, author;
c. Detail of priority filing (if any).
NOTE: no Power of Attorney is required
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 7-9 months, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed 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.
IV. PROCEDURE
1. Examination
The application will be examined of distinctiveness and a search for prior trademarks. The examination process of a trade mark will check your application to make sure it contains all the correct information and meets legislative requirements.
If the trademark application does not meet the legislative requirements, the applicant will be sent a report explaining application’s problems. This report will outline the grounds for the examiner’s finding and may provide options for overcoming them.
2. Publication
If the trade mark application meets all requirements, it will be advertised in the Australian Official Journal of Trade Marks for a two-month period in which third parties may oppose registration.
3. Registration
If no opposition is filed against the application, or if opposition is unsuccessful, trademark will be registered when the applicant pays the registration fee.
IP Australia will send the applicant a Certificate of Registration and record details in the Register of Trade Marks. The trade mark will be registered from the date of filing application, not from the date it was examined or accepted.
In case you require more information or require advice on trademark in Vietnam, Australia as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
