Applying for TM registration in Australia is usually done online, its cost being somewhat between two hundred fifty & four hundred eighty Australian dollars. Renewal of TM registration in the Commonwealth of Australia must be done every ten years.
Processing applications takes from 90 to 120 days (registering a TM in the Commonwealth of Australia can also be done under expedited procedure). Once a TM is verified for compliance with registration requirements, it can be published in a local newspaper. Objections are accepted within 60 days. If no objections are received, a TM is deemed registered.
International TM applications may be submitted to the Australian IP Office. Conversely, Australia may be designated in applications for registration of international TMs. Using such an agreement for international applications will be less expensive & easier than filing national TM applications.
Registering an Australian TM: Prerequisites
When registering a TM, one of the below combinations can be used:
- signatures;
- labels;
- colors;
- letters;
- words;
- types of packaging;
- numericals;
- names (including brand names);
- forms;
- sounds/smells.
To register a TM in Australia, its owners must ensure its distinctiveness; alternatively, a TM may gain distinctiveness through being used.
Objections to the registration of a TM in Australia are accepted if it’s deemed descriptive or non-distinctive.These objections can be overridden by demonstrating that a TM is inherently distinct or furnishing proof of a TM’s distinctiveness resulting from its use.
It’s possible to register a TM for domain names in the Commonwealth of Australia; but that will require TM owners to demonstrate its unique distinctiveness.
Grounds for Refusal
3rd parties may object to registration of a TM for a variety of reasons, including:
- lack of distinctness;
- furnishing evidence that applicants aren’t legal owners, have no intention of using a TM or didn’t file an application in good faith;
- similarity to another TM that has already gained a reputation.
3rd parties can request that a TM application be rejected if they feel it's been mistakenly accepted. They may also request that a registered TM be removed from the Australian register if:
- it hasn’t been in use for 36 months;
- its owner had no intention of making use of it when they filed a registration application;
- a TM wasn’t used in good faith.
Should TM owners desire to keep their TMs’ registration, they must raise an objection to their TMs being removed from the register. Settlement of IP disputes in the Commonwealth of Australia is handled by either the FCC or FCA.
Planning to file an application for TM registration in Australia? Please consider contacting IQ Decision UK.
