COUNTRY : COMMON WEALTH OF AUSTRALIA
CAPITAL : CANBERRA
LANGUAGE : ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, TRADEMARK LAW TREATIES, PCT, WIPO
The IP affairs in Australia are Administered by IPAUSTRALIA.
PROTECTION OF TRADEMARKS IN AUSTRALIA:
There are 2 ways to apply for a trademark:
1. NATIONAL REGISTRATIONS : Direct Filing with National Trademark Office.
Please refer our Treaties section on International Protection under Madrid System.
Therefore, to obtain protection in Australia, there are two options from which the applicant can choose:
Also note that Trademarks are protected in the following Islands along with Australia through IP Australia.
• Cocos Island
• Christmas Island
• Ashmore & Cartier Island
• Norfolk Island
It is highly advisable to conduct a search prior to filing of the trademarks so as to identify similar and /or identical marks to those of the applicant’s marks. This is to ensure that there is no conflict.
Filing is done with the Trademark office of Australia.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act.
Once the trademark application is accepted for registration, the details of the application will be advertised in the official Journal of Trademarks.
If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s trademark will be registered and Certificate of registration is issued.
Pre-Registration: Prior trademark use and evidence of use before filing may assist in enabling registration of some marks that may otherwise not be registrable.