Australian Trademark

Registering a trademark in Australia

MacMillan Trademarks specialise in trademarks and securing the potential of your business’s intellectual property is what we do best.

Before we commence an application we will undertake a brand audit and provide a brand protection strategy tailored to your business, with clear and concise recommendations on the best way to move forward (included in our fixed fees). We handle the entire trademark registration process for you from beginning to end.

Once we are ready to protect your trademark we summarise the steps involved to obtain registration for your Australian trademark below.

1.    Australian trademark search

The next step in protecting your brand is to determine if a trademark is eligible and available for registration.

We recommend we undertake a search of Australian records to ascertain if there are any potential conflicts with your proposed trade mark application and to see if your trade mark is available for registration. This also will discover potential infringement of other registered trademarks.

Our comprehensive search of Australian trademarks includes searches on trademarks that look or sound similar as well as prefix and suffix searching. We also check that prohibited signs are not included in your application which could prevent your trade mark from being registered.

Once the search is completed we provide a concise and easy to understand report outlining any potential obstacles and detailing the best approach for moving forward to ensure your trademark becomes registered as soon as possible.

The search report lets us tailor your application to ensure trademark proceeds without obstacle.

2.    Filing of Australian trademark

A trade mark in Australia can be registered in one or more of 45 different classes (categories) of goods and services. Before filing we provide you with a list of the classes of goods and services that best suits your business and then you may choose the classes to proceed with. We consider your future business plans and see if we can cover any future expansion plans into your trade mark application.

Included in our fixed fee we answer any questions you have and we provide advice on the best way to file your trade mark, whether we file the trademark for a business name alone or include a logo, and whether the trade mark if filed in colour is determined by how you use each element.

We pay a high level of attention to detail to each matter we take on to ensure you receive the expected high level of service.

3.    Trademark examination

Once the application is filed the trademark is ‘examined’ by the Australian Trade Mark Office to see if it can be registered as a trademark.

At MacMillan Trade Marks we act as your ‘address for service’ for your trademark where we receive all correspondence relating to your trade mark at our office and forward this to you with details of any action required.

If there are any problems, the Australian Trade Mark Office will provide us with a written report outlining the objections. If we have completed the search on your behalf, we would have been aware of any potential conflicts before filing.

4.    Trademark registration

Once the examination is complete the Australian Trade Mark Office will accept the trademark application and details are advertised in the official Australian Trade Mark Journal to allow third parties the opportunity to oppose it.

After advertisement we can register your trademark for an initial period of 10 years and supply the official Certificate of Registration to you.

A trademark in Australia gives you rights throughout the whole of Australia and there is no need to register in each individual State.

MacMillan Trademarks specialises in all trademark matters, and we take care of the entire process for you.

The entire trademark process in Australia takes at least seven months where the application proceeds smoothly. Any objections can delay the process, which is why it is crucial to have a trademark attorney assist with your registration. Be sure to do it right the first time and contact us at MacMillan Trademarks today.

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