Australian Trade mark registration Australia Information

Australian Trade Mark Warning:

Many Australian Trade Mark service companies providing support in trade mark application, trade mark maintenance and promotion of Australian trade marks are reputable, however there is a growing number spam mail especially from bogus European scammers offering Trade Mark registration in international jurisdictions. Watch out for fictional international trademark registration services and registers. Once they've got your money there's no Australian consumer protection laws for you in Europe.

About Trade Mark Registration Australia

4webmarketing provides Australian trade mark registration services, in order to aid business owners or traders and or their products and to protect their rights. The purpose of an Australian trade mark is to ensure that there is a clear and visible connection established between the business and their goods and services.
The trade mark Australia system has to indicate the direct connection by distinguishing the business and their goods and services from another business, which cannot be confused or mistaken with another trade mark in Australia of another business owner or entrepreneur.

What Is a Trade Mark in Australia?

The nature of an Australian trade mark can take on many forms, these include the following:

a letter

word

logo

cipher

emblem

name

signature

numeral

device

brand

heading

label

ticket, or aspect of packaging.

They could also take on less tangible forms such as,

shape,

colour,

sound,

scent or

any combination thereof.

In order to implement the Trade Mark Australia System, it should be fixed or otherwise applied to the goods or even their packaging in some cases. An Australian Trade Mark may also be used on advertising, letterheads, as well as other types of stationery which refer to the goods or services targeted.

Why Register A Trade Mark in Australia Using Our Service?

Registration of a Trade Mark is highly recommended, as it provides proof of ownership as well as gives the owner rights such as:

The use of the Trade Mark to identify and promote goods and services.

Authorise or license someone to use your Australian trade mark under your control.

To stop others from using the registered in Australia Trade Mark, or in some cases an identical mark which is highly similar to the registered Trade Mark.

Support application to the Australian Customs Service to prevent importation of goods which would infringe your Australian Trade Mark.

Note: The Government also provide Australian trade marking support service at an extra fee (without other IP purchases such as generic domain names for you), but as disappointed clients of theirs have told us, it does NOT mean your Australian Trade Mark application will be approved.

Who needs Australian trade mark registration protection:

Serious international and Australian business owners wanting control of their intellectual property in Australia.
Wives of above wanting ultimate option of bring businessmen husband/s to their knees.
Australian business agents representing international business in Australia.
Importers.
Owners of other Australian IP wanting match ups with their
- Australian state business name registrations
- Registered Australian Company Name
- Australian patent registrations
- Registered domain names.

Duration of Australian Trade Mark Registration

Ten years before renewal of Australian Trade Mark registration though an application can be made for removal of your trade mark from the Australian Trade Marks Register if your Australian Trade Mark has not been used for 3 year.

How Do I Apply For Trade Mark Registration in Australia?

There are some significant differences between an Australian patent, or industrial design and a Trade Mark. One differences is that it is not necessary or compulsory for the owner to formally apply for registration before using the Trade Mark. Pending Trade Mark Australian applications can be signified with the abbreviation "TM"

To Be Able To Register a Trade Mark in Australia:

The Australian Trade Mark must be in a category such as:

It's a name of a person represented in a special manner.

The signature of the applicant or a signature of a predecessor of the business.

An invented word

A word that is NOT directly descriptive / complimentary to the character or quality of the goods or services in relation to the registration that is sought and NOT according to ordinary meaning, a geographical name or a surname.

Any other distinctive mark.

The address for Trade Mark service must be Australian.

Our international clients use our Australian trade mark office address:
C/o 4 Web Marketing, POB 334, Scarborough, Western Australia 6922.
Some use our offices and services as their Australian agency beyond Australian Trade Mark service representation.

It Is NOT possible to register an Australian Trade Mark if it is:

A common surname.

Directly descriptive of the goods or service for which use is intended.

Complimentary of the goods or services for which it will be used (for example Perfection and Whopper).

A geographic name that has a connection with the goods and services.

A Set of numerals.

One or two letters without a significant meaning.

Trade mark categories are types of commerce / industry. Eg: "Swan" is an Australian trade mark registered by different owners: Swan Taxis, Swan Cement, Swan Dry Cleaners, Sydney Swans and Swan Brewery in various classes.

After Australian Trade Mark application lodgement, the Australian trademark application will be examined by the Australian Trade Mark Office, and an examiners report is issued, within five to six months. The report focuses on two areas:

Whether the Trade Mark is distinctive enough.

Whether the Trade Mark is substantially identical or deceptively similar to an earlier Trade Mark application or registration that was lodged in Australia or international trade mark jurisdictions.

Additional fees concerning any objections raised in the Australian Trade Mark Office report depend on the amount of time needed.

Once granted, Australian Trade Mark ownership prevails Australia wide over all Australian state registered trading / business names. Australian Trade mark ownership is ultimate in Australia. You can register, text and or images and or smells, sounds etc.

Once the Australian trade marks office send a notice of acceptance, your Australian Trade Mark application will be open to opposition by third parties for a period of 3 months. If there is no opposition lodged, or the opposition has been unsuccessful, your Australian Trade Mark will be registered once a registration fee (may have been included in the Trade Mark application service plan you purchased) has been paid per category. For example

CATEGORY	TRADE MARK
Industrial commodities	Swan Cement
Laundry	Swan Dry Cleaners
Transport	Swan Taxis

The trade mark registration will then be valid for a period of ten years from the date of the application.

Australian Trade Mark Renewal

The Trade Mark can be renewed before the expiry of the ten year period for a further ten years if required.

Australian Trade Mark Infringement

The Trade Mark Australia System has to be monitored for possible infringing activities by other traders and the use of your Australian Trade Mark by others, to protect your rights and your business activity. A registration may be cancelled if the Australian Trade Mark has over time become a GENERIC name for your goods or services, such examples may be, escalator, linoleum, gramophone. Through the determination of their owners Trade Marks such as Qantas, Yahoo, CocaCola and Toyota have remained the valuable property of their owners.

We recommend that you contact a Trade Mark law firm such as Wray and Associates if you are aware of any kind of infringement activity

Business Name

Trade mark registration alone does NOT give you the right to use your trade mark as a business name. State laws cover business name registration.

Loss Of Rights By Non-Use

If a Trade Mark is not used for three years the registration will be cancelled. A third party may challenge registration if you haven't used your Australian Trade Mark in order to obtain a registration for themselves.

Australian Trade Mark Applications

This is an important point for anyone intending to export goods carrying their Trade Mark is that unfortunately any rights established in Australia will not assist you in a foreign country. Therefore you need to also apply for registration in a foreign country if you wish to export your goods. You will also then have to apply for registration in a particular country that you wish to export to, before you start using your Trade Mark in that country.

The reason for this is that some countries that you encounter have different policies, such as the first person to apply for registration will be given the rights to a Trade Mark, instead of the person who first uses the Trade Mark. Therefore another trader could in effect legitimately "steal" your Trade Mark by applying for the registration of that Trade Mark even if you were the first person to use the Trade Mark, countries such as this are Japan, Indonesia, Italy, and Germany. Our affiliate for trademark registration in the USA

It is important to do a search of the Trade Marks Office Records of any country which you intend to use the Trade Mark in, to be certain that you do not infringe upon the rights of others.

Costs for international Trade Mark matters vary significantly. For instance costs for searching can range from $350 up to $1,000 per country. The costs for lodging an application will vary from $1,000 to around $2,500 per country. More specific estimates are available on request.

We and our legal associates have relationships with Trade Mark lawyers internationally. Our Australian Trade Marking service can compile large Trade mark Portfolios.

Australian Trade Mark Registration Form

	Standard Australian Trade Mark Application
Date of trade mark protection	Should your trade mark proceed to registration, the protection given by registration is taken from the date you filed your trade mark application
Timeframes Approximations	TM Application examination 2 to 3 months. Trade Mark registration 8 months after fee payment
Amending your Australian trade mark	After we apply for your Trade Mark application, the categories cannot be extended and only minor amendments are allowed to the trade mark.
Publication in Australia online	Details of your trade mark will be published on the official Australian government's Trade Marks Office website and official journal from the date we file your trade mark application in Australia.

Open a US$100 Australian Trade Mark consultation account for professional advise about trade mark application process within the IP laws of Australia. US$100 buys you one hour of advice over a maximum of 2 telephone discussions.

Manager Australian Trade Mark Registration Services POB 334 Scarborough Beach Perth Western Australia 6019 Australia