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Are you seeking trademark registration in Australia? At Enterslice, we will help you register a trademark in Australia with an astonishing 99% approval rate, ensuring no hidden charges.
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Secure your brand and make billions in the competitive market of Australia with Trademark Registration in Australia.
Trademark registration in Australia is a process that enables Australian and global entrepreneurs to get exclusive rights to their brands. Australia is the 13th largest economy in the world, with a $1.88 trillion Gross Domestic Product (GDP) at a 2.1 % growth rate. The largest island in the world is amongst the top 10 fintech players worldwide and the third best in the Asia-Pacific region. Australia’s top industries include fintech, software and IT, retail and e-commerce, banking, and investment service businesses.
The Trade Marks Act of 1995 (Cth) is the primary Australian trademark law that governs trademark registration in Australia. The Trade Mark Regulation of 1995 (Cth) explains the rules of the Trade Marks Act of 1995 for word, non-English, logo, series, color, three-dimensional (3D), sound, scent, movement, collective, and certification trademarks. Australia follows the multi-class and first-to-use approach for trademark registrations.
Australia is a signatory to the Paris Convention, Madrid Protocol, and Nice Agreements. The country is also a member of the World Trade Organization (WTO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and the World Intellectual Property Organization (WIPO).
Distinct Brand Recognition
18 Free Trade Agreements (FTAs)
Member of Regional Comprehensive Economic Partnership (RCEP)
Register in the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)
Double Taxation Agreements (DTAs) with 45 jurisdictions
Protection Against Tricksters
Registration Security for 10 Years
Speedy Renewal for Trademark owners
There are several benefits of trademark registration in Australia, such as exclusive rights. Australian and global entrepreneurs must understand the benefits of Australia trademark registration. The benefits are as follows:
Trademark licensing in Australia helps Australian and global entrepreneurs establish a unique brand identity in the diverse consumer markets by providing them exclusive rights and distinct brand recognition, which further helps build customer trust and increase credibility in the market.
Trademark licensing in Australia helps Australian and global entrepreneurs expand their businesses through asset creation through the means of selling, franchising, and licensing their trademarks, thereby enabling business expansion.
Trademark licensing in Australia helps Australian and global entrepreneurs establish a strong business presence against the Australian competitive market by providing them with exclusive rights to their products or services.
Trademark licensing in Australia ensures international trademark protection for Australian and global entrepreneurs through a single application to avail international protection in multiple countries via the Madrid Protocol of the World Intellectual Property Organization (WIPO).
Trademark licensing in Australia ensures customs enforcement for Australian and global entrepreneurs. Trademark owners can avail the Australian Border Force (ABF) assistance through the Notice of Objection” application, which, upon approval, is valid for four years until the renewal of the same by the former.
Trademark licensing in Australia ensures legal protection for Australian and global entrepreneurs. A trademark owner can file a lawsuit and claim damages against the unauthorized use of their trademark.
Australian and global entrepreneurs must understand how to register a trademark in Australia before moving forward with the application. The Australia trademark application process is as follows:
The applicant must conduct a preliminary Australia trademark search on IP Australia’s “Australian trademark search database” to detect prior infringements.
The applicant must choose the well-suited Australian trademark application as per their experience such as a Headstart application for beginners and a standard one for professionals.
The applicant must submit the Australia trademark application and necessary documents with IP Australia via online or postal service.
IP Australia examines the Australia trademark application to check the applicant’s details and the legitimacy of the trademark in question then publish the same on their Australian trade mark search database post approval.
IP Australia allows an 8-week opposition period for third parties to file oppositions against the newly published trademark on the Australian trade mark search database.
IP Australia issues the Australia trademark registration to the applicant, granting exclusive ownership rights to the trademark.
IP Australia takes a minimum of 7 months for Australian trademark registration. Australian and global entrepreneurs must understand the timeframe to register a trademark in Australia. The timeline is as follows:
The applicant takes 2 to 4 days to conduct a preliminary Australia trademark search on IP Australia’s “Australian trademark search database” to detect prior infringements.
The applicant takes 1 to 2 days to choose the well-suited Australian trademark application as per their experience such as a Headstart application for beginners and a standard one for professions.
The applicant takes 2 to 4 days to submit the Australia trademark application and necessary documents with IP Australia via online or postal service..
IP Australia usually takes 3 to 4 months to examine the Australia trademark application to verify the applicant details and the legitimacy of the trademark in question then publish the same on their Australian trade mark search database post approval.
IP Australia takes 1 to 2 weeks to issue the Australia trademark registration to the applicant granting exclusive ownership rights to the trademark.
Australian and Global Entrepreneurs must understand the document requirements to register a trademark in Australia. The list of documents needed for trademark registration in Australia is as follows:
Trademark Registration Application Form
Name of the Applicant
Address of the Applicant
A Print and Representation of a Trademark
A Brief Summary of the Trademark
List of Products and Services as per the Nice Classification (NCL)
Translated Documents, if any
Details of the Local Representative, if any
Priority Documents, if any
Application Payment Confirmation Receipt
IP Australia provides a TM Headstart preliminary application service for newcomers for trademark registration in Australia. Applicants get a chance to rectify the application before the formal submission of the same with IP Australia. An examiner helps the applicant rectify early errors through the TM Headstart Australia trademark application service. It is available for word and logo trademarks.
The applicant must rectify errors within 5 days after the receipt of the feedback report to allow the examiner to re-check the pre-application and send fresh feedback to the former. It is important to note that the rectifications would levy additional surcharges. The applicant must formally submit the trademark application after making all the necessary changes within five days after the receipt of the examiner’s final report.
Expert guidance and Fast-track Examination
US$125 for TM Headstart Request
US$95 for modification of errors
US$82 for a formal Australia trademark application
Yes, trademark registration in Australia is eligible for renewal. Trademark owners can renew their trademarks within the last 12 months of the ongoing 10-year trademark registration in Australia. The IP Australia sends a notice two months before the expiration of the trademark registration. The renewal fee for Australia trademark registration is US$251 for online renewal application through IP Australia’s official website and US$283 for post or email renewal application through credit card, cheque, or money orders.
The Trade Marks Act of 1995 (Cth) provides regulations for late renewal, such as a 6-month grace period with a US$63 additional surcharge for every month or span of days within a month. The Trade Marks Act of 1995 (Cth) entitles IP Australia to cancel a trademark if the trademark owner fails to renew the Australia trademark registration within the 6-month grace period.
The IP Australia can reinstate a trademark on a court order if IP Australia removed the trademark in error. However, the applicant must file a new application post the cancellation of a trademark due to the non-renewal of the same.
200+ Local Attorneys in Australia
Straightforward Renewal Process
Get Expert Guidance
Automatic Renewal Notification
Australian and Global Entrepreneurs must understand the categories of marks for trademark registration in Australia. The types of trademarks are as follows:
A word mark is a trademark that comprises letters, words, phrases, or numbers of a product or service. It protects the textual representation of a brand. An example includes the famous catchphrase of Nike's “Just Do It”.
A non-English mark is a trademark that comprises non-English letters, words, or phrases of a product or service. It protects the non-English elements of a brand. A common example is the German car manufacturing multi-national company known as “Volkswagen”.
A logo mark is a trade mark that consists of images and logos in a product or service. It protects the graphical representation of a brand. A Common example is the Kangaroo logo of the famous Australian Airline company known as “Qantas”.
A series mark is a trademark that consists of similar marks under one single trademark. Associated trademarks share the same identifying feature. It protects a series of similar trademarks of a brand. An example includes the iconic Australian television brand known as “TELSTRA TV” and “TELSTRA TELEVISION”.
A color mark is a trademark that consists of colors or combination of colors of product or service. It protects the colorful representation of a brand. An example includes the specific purple shade of Cadbury chocolates.
A three-dimensional (3D) mark is a trademark that consists of 3D shapes, images, or logos. It protects the 3D shapes of a brand. An example includes the specific triangular shape of the “Toblerone chocolate” brand.
A sound mark is a trademark that consists of sounds or a compilation of sounds. A song, whistle, spoken words, or any other sound. An example includes the iconic 20th century fox theme.
A scent mark is a trademark that consists of distinctive smells related to a product or service. It protects the olfactory feature of a brand. A sound mark is difficult to register because of the complexity that is associated with its representation. An example includes the distinct eucalyptus scent of golf tees by E-Concierge Pvt Ltd.
A movement mark is a trademark that consists of motions or change of movements of a product or service. Mostly video or animation clips. It protects the movement of a brand. An example includes the famous “Oh, what a feeling” by Toyota.
A collective mark is a trademark that consists of goods or services that are associated with a group of companies or associations. An example includes the famous football league known as the “Western Australian Amateur Football League” (WAAFL).
A certification mark is a trademark that certifies a product or service based on its quality, origins, materials, or manufacturing process. An example includes the “Australian Certified Organic (ACO)” mark that certifies organic products.
Australian and global entrepreneurs need to understand the eligibility criteria for trademark registration in Australia. Given below are those who can register a trademark in Australia-
All industries that have a unique brand identity must register a trademark in Australia.
Top 10 Industries that Must Register a Trademark in Australia
10 Businesses Seeking Australia Trademark Registration
The post-enforcement compliances for trademark registration in Australia are as follows:
We have a decade of experience in intellectual property registration. Enterslice helps businesses and global entrepreneurs get fast and profitable trademark registration in Australia. We streamline trademark licensing in Australia. Given below are the reasons why we are the first preference of brand owners seeking Australia trademark registration-
A trademark is an exclusive right to a product or service in the form of brands. It enables businesses to file lawsuits and claim damages against the unauthorized use of their brands. It also helps establish brand reputation, enhance customer experience, and expand business operations.
The Trade Marks Act of 1995 (Cth) is the Australian trademark law that governs trademark protection in Australia. The Trade Mark Regulation of 1995 (Cth) is a regulation that broadly explains the legal framework of the primary law.
IP Australia is the primary trademark authority that governs and protects trademark registration, renewal, and cancellation processes as per the regulations of The Trade Marks Act of 1995 (Cth).
The trademark protection in Australia is valid for 10 years from the date of the official registration by IP Australia. The applicant must renew the trademark registration within the last 12 months of the ongoing 10-year Australia trademark registration.
The different types of trademarks for trademark licensing in Australia are as follows:
The benefits of trademark protection in Australia are as follows:
Given below are the eligible ones for Australia trademark registration-
The process for Australian trademark registration is as follows:
IP Australia takes at least 7 months to register a trademark in Australia. The timeline for trademark licensing is as follows:
Given below are the documents needed for Australia trademark registration-
Businesses that require trademark protection in Australia are as follows:
Yes, trademark owners can renew the Australia trademark registration by filling out a renewal application with IP Australia within the last 12 months of the ongoing 10-year trademark registration.
Yes, IP Australia provides a 6-month grace period to renew the Australia trademark protection post the expiration of the ongoing 10-year trademark registration for a late fee with the renewal fee.
Yes, IP Australia has an Australia trademark search database on its website that allows applicants to conduct preliminary trademark name searches. IP publishes trademarks on the same to allow third-party oppositions.
TM-Headstart is a pre-filling assessment service for first-time applicants who are looking to register a trademark in Australia with little to no experience. It helps detect early application errors for additional costs.
Red Herring Top 100 Asia enlists outstanding entrepreneurs and promising companies. It selects the award winners from approximately 2000 privately financed companies each year in the Asia. Since 1996, Red Herring has kept tabs on these up-and-comers. Red Herring editors were among the first to recognize that companies such as Google, Facebook, Kakao, Alibaba, Twitter, Rakuten, Salesforce.com, Xiaomi and YouTube would change the way we live and work.
Researchers have found out that organization using new technologies in their accounting and tax have better productivity as compared to those using the traditional methods. Complying with the recent technological trends in the accounting industry, Enterslice was formed to focus on the emerging start up companies and bring innovation in their traditional Chartered Accountants & Legal profession services, disrupt traditional Chartered Accountants practice mechanism & Lawyers.
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“I came to know about Enterslice through a friend. Since then I have done GST Registration through them. The services are consumer centric and fast. I have recommended them to many of my acquaintance already.”
“Great set of people working together. Very customer friendly. I am very satisfied with the food license registration services and will definitely come back for other similar requirements.”
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
“I would like to thank the Enterslice team for the excellent business plan made by them. They understood our requirement and gave us exactly what we wanted. Thank you Team Enterslice.”
“Thanks for your services. The team is really professional. They make sure that things are delivered in time. The best part about Enterslice is the consultative approach and guiding us on all our business matters.”
Haiden Group - UAE
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