Australian Trademarks

It takes a minimum of 7.5 months from the date you file an application to secure full registration in Australia.

The cost to register varies. The biggest factor in determining the cost is the type of products and/or services your trademark is used to identify. All goods/service fall into ‘classes‘ and fees apply per class you require. See our fees page for more information.

There are a number of benefits to owning a registered trade mark, including:

• Have the right to use and control the use of your ‘trade mark’ – without registration, you don’t necessarily have these rights (and- own it forever);
• Stop others from using the same/confusingly similar name in your industry – without registration, stopping such activity can be difficult and costly;
• Add value to your business – a trade mark is a sellable asset that adds values to your business in the event you wish to sell your business
• Look credible. Registration of trade marks allows you to use them with the ® symbol, allowing your customers to see you as professional and dependable;
• Generate further income for yourself, even after you retire!

Each registered trademark you own is a valuable
asset, generating further income for you!

The registered owner has the right to use their trade mark in connection with goods/services that they nominate and generally control how the trade mark is used for those goods/services. This can include licensing use to others for a fee, and taking action against people found to be breaching your rights.If you are the owner of a registered trade mark, you have several main rights.

You have the right to use your trade mark in Australia in connection with the goods/services it is registered in respect of.

You have the right to authorise the use of your trade mark in Australia in connection with the goods/services it is registered in respect of (e.g. in a licensing situation, franchise situation etc).

You have the right to take infringement action against another person/s which uses your trade mark (or a deceptively similar trade mark) in Australia in connection with the same or related goods/services without your permission, and are found to be infringing upon your rights.

You have the right to claim that your trade mark is ‘registered’ and to use the trade mark with the ® symbol.  It is an offence for someone to claim or represent a trade mark as registered, or to use the ® symbol if the trademark is not registered

infringement action against other persons that use your trade mark (or a deceptively similar trade mark), in Australia in connection with the same or related goods/services without your permission, and are found to be infringing upon your rights. The right to claim your trade mark is ‘registered’, and use the trade mark with the ® symbol. A person cannot claim or represent a trade mark as registered, or use this symbol, if it’s not registered. In fact, it’s an offence to do so.

This is where we can help. Simply read over the Australian trade mark process and contact us when you are ready to proceed. We will take care of everything from ‘start to finish’ for you so that you don’t have to worry about it – you can spend your time focused on what you specialise in whilst we take care of what we specialise in!

In short, yes. By registering your trade mark you are granted the right to use that trade mark for the goods/services nominated. It may be possible for someone else to register the same trade mark, quite easily, for goods/services that are not deemed related – where it’s unlikely consumers would be confused between them. It is also possible for someone else to register the same, or similar, trade mark for the same goods/services after you do. This can be done if they show that they used and promoted that trade mark since before you sought trade mark registration and that use has been continuous (if they can do this, the examiner must remove your trade mark as a problem). It may also be done if they show their use to be honest and continuous with your trade mark registration. (This later option can be more difficult, as the evidence generally needs to be substantial). It’s also important to note that if someone has used the same, or very similar, trade mark since before you first used or registered (whichever is the earlier date) but not sought registration as a trade mark, they may have rights under common law that would allow them a defence against trade mark infringement, which in turn could see them allowed to continue use even if you have registered the trade mark.

The initial period of protection is for 10 years from the date the Application was first filed; you can renew this each 10 years if you desire and are still using your trade mark. It’s important to note that trade marks can be vulnerable to removal if they remain unused for a certain period of time.

Your trade mark will be registered Australia-wide. Your rights therefore also apply Australia-wide (unless particular limitations are placed on your trade mark, which usually would occur to resolve opposition matters and similar). If you intend to use and promote your trade mark outside of Australia, international registration should be considered in the relevant countries.

 In summary, there are many benefits to registering a trade mark.  As a trade mark owner, you will have a broad range of rights which serve to add value to your asset and protect it from possible infringement.  The cost of a trade mark registration depends on a number of factors, but it is not onerous and the initial period of protection is for 10 years from the date the application was first filed.

We have covered the main trade mark FAQ’s, but we know this is a complex area of law and if you have any further queries about trade marks and trade mark registration, we would be more than happy to help you.  Please just get in touch with the MMW Trademark Services offices on the phone, via email or through our website – we won’t charge a fee to answer your question!