The registration of a trademark is a complex, in-depth process full of pitfalls. Successful registration of a trademark does not mean much if the application has not been prepared correctly.
There are a range of considerations you should be aware of before contemplating protection of your brand with trademark registration (click here for more information).
We are experts in the registration of Australian trademarks and undertake such as part of our process to ensure complete brand protection for your business. We can provide specific, quantified and easy to understand advice for all of your trademark matters.
We provide a basic summary of the process below and look forward to hearing from you to provide proper advice on your case.
Step 1. Complete a trademark search
A trademark search can discover:
A) Other trade marks that may deemed substantially identical or deceptively similar for similar goods or services (not necessarily from the same class).
B) Adaptability to distinguish the goods or services you are attempting to protect, that the mark itself is not purely generic or descriptive or a geographical indication.
C) Prohibited signs or symbols are not included in the application.
Step 2. Filing of the application
Once filed a trademark application undergoes an initial “formalities check” to ensure that all of the requirements to fulfil a trademark application under the Australian Trade Marks Act 1995 have been provided. If there are issues that go unrectified you may lose your application and any fees paid.
Step 3. Examination
Once the application complies with the formality requirements, an examiner of the trade mark office is then assigned to your application to check if it is acceptable on absolute and relative grounds. A range of checks are undertaken (similar to those identified in the search above) by the examiner.
If the examiner discovers an issue under any one of the grounds established in the Australian Trade Marks Act 1995 an official notice of rejection is issued and the applicant has an opportunity to respond to the refusal.
If the application is not rejected on absolute or relative grounds it passes to acceptance where it will be advertised in the Australian Trade Mark Journal, where third parties may oppose the registration of the mark via an opposition proceeding.
Step 4. Registration
Where no opposition is filed the trademark can be registered and an official certificate is issued.
Once filed no major changes to the mark or expanding on the goods or services covered can be made, therefore it is vital you contact a trademark attorney before filing your application to ensure the application is filed in a way to maximise the chances of successful registration.
Contact us here to get underway.