Updated February 20, 2019 08:19:43What is the trademark process?
When a person or business uses a trademark to describe a brand, product, service or service-related entity, the trademark must be registered.
Trademark registration is an independent process where a company is required to prove that it owns the mark in question.
A company must also apply for trademark registration on a local level in each of the 10 Australian states, territory and territories.
In Australia, trademark registration is required in most cases.
However, in some circumstances, the process may be waived.
This is because it may be necessary to obtain trademark registration elsewhere in Australia, such as in a trade agreement, or to register the mark internationally.
The process for trademark application can be complex, so if you need more help with your trademark application, contact your local Trademark Office for more information.
The Australian government does not have a specific procedure for trademark registrations.
However the Federal Government provides guidelines for trademark applications, which can be found on the Federal Register of the Australian Copyright Office.
What are the legal consequences of trademarking?
If a company uses a mark to describe its products, services, brand, service-oriented entity, or a service-like entity, then trademark registration will require the company to prove its identity and authority.
This may require the application to be approved by the Australian Patent and Trademark office.
A trademark may also be registered in Australia in certain circumstances, for example where it has been used in Australia for a period of 12 months or longer.
However this is not compulsory and, in many cases, it may also mean that the mark will expire after 12 months.
A mark that has been registered may be deemed to be “use only” and hence be subject to the Australian Rules of Trade Marks.
However a company that uses a marked mark to mark products, service, brand or service entities in Australia will not be liable for infringement of that mark if that use is prohibited under the Australian rules of trade marks.
For more information about trademark registration, contact the Australian Trademark Bureau or the Australian Intellectual Property Office.