As experts in Australian trademarks we are well placed to advise client’s directly, wherever in the world you may be. In contacting us directly there is no need for an intermediary local attorney to relay information, saving you time and costs.
Some key point of difference in US and Australian practice to be considered are:
1. Specification of goods and services
While both jurisdictions are bound by the NICE classification for determining acceptable goods and services (of which there are 45 classes) in practice there is a mammoth difference in what is acceptable.
In Australia we have several avenues for specifying your goods and services, determined by a predetermined list or a manually drafted specification. Where we correctly prepare your specification of goods and services in accordance with local practice a lower statutory filing fee can be obtained.
Australian term: “Sporting apparatus”
US alternative: “Sporting goods, namely, carriers specially adapted for sport balls”
As evidence the range of goods or services that may be covered in Australia is often broader than those in existing US registrations.
Where goods or services do not accord with our local practice a rejection notice will be issued.
As part of our fixed fee structure we provide you with a proposed specification of goods and services to accord with our local practice to obtain the widest possible protection for your business. This ensures there are no objections and your trademark is not held up.
Australian trademark statutory filing fees are based on the number of classes we file in not the number of goods or services covered, so within a class it costs us the same to file 1 or 20 items.
2. Documents required for filing
US: signed Power of Attorney document is mandatory
Australia: does not require any special documents or Power of Attorney to be signed by the applicant. However, as registered trademark attorneys we must provide relevant details to you along with fees and be engaged to act.
Where the application proceeds smoothly we can register your trademark in Australia with a certificate of registration provided in around 7 months.
The expected timeframe to registration in the US is about 12 months.
To find out more about registering your trademarks in Australia directly with us, contact us today.