IP Australia : Trade Mark Online Application

Organization :IP Australia
Type of Facility : Trade Mark Online Application
Country: Australia

Website : http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/
Apply For Trade Mark: portal.ipaustralia.gov.au/login

Trade Mark Online Application :

A trade mark is used to distinguish the goods and services of one trader from those of another.

Related : IP Australia Searching Patent Information : www.statusin.org/9340.html

A trade mark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. A registered trade mark is legally enforceable and gives you exclusive rights to commercially use, licence or sell it for the goods and services that it is registered under.

Trade mark application process:
There are many steps involved and things to consider when registering a trade mark. It is important to take care in completing your application as this will assist us in processing your trade mark application as quickly as possible.

In this section we outline the application process and provide you with information on the process including:
** an overview of the process
** what’s involved in applying
** mistakes and misconceptions
** the examination process
** divisional applications

Apply for a trade mark:
It is important that you understanding the eligibility requirements before your apply and how to describe your goods and services.

You can apply for a trade mark with the correct fees in several ways.

Not sure which type of application you need? We can help you to get the right trade mark.

Online application:
Using eServices you can apply for your trade mark online with the following services:
** file your Standard Application
** apply using the TM Headstart (pre-application service), which can provide an assessment of the suitability of your proposed trade mark before you officially apply

What to include:
An application must include the following:
** the name and contact details of the applicant
** a representation of the trade mark – see our images requirements for eServices
** nomination of the relevant classes – know what you are offering as goods or services
** a description of the goods and/or services to which it will apply
** a translation of any part of your mark that is another language
** the required fee

Other options to apply:
If you are unable to apply online using eServices we have other application and payment methods.

Before you apply:
Before applying for trade mark protection, you should make sure that you meet the eligibility requirements.

Not sure which type of application you need? We can help you to get the right trade mark.

Are you eligible?:
When you apply for a trade mark, the owner must be one of the following:
** an individual
** a company
** an incorporated association
** a combination of these

A business name or trading name is not acceptable as the name of the applicant. The owner(s) of the business registration would be the applicant. If your trade mark is owned by a corporation, the application should be made in the corporation’s name and not in the name of directors or shareholders. A trust is to apply in the name of the trustees.

An association, whether incorporated or not, may apply for a collective trade mark.

You must use, or intend to use, the trade mark in relation to the goods or services included in the application.

If the trade mark is to be used by a corporate entity that is about to be formed, the applicant will need to assign the trade mark to the new body once it has been formed.

Do you know which type of application you need?:
You can apply via eServices for a TM Headstart (pre-application service) or a standard trade mark. These two products suit different purposes.

For more information see our overview of the difference or we can help you to get the right trade mark.

Is your trade mark likely to be accepted?:
Before you apply for a trade mark registration, make sure your trade mark is unlikely to conflict with another trade mark.

You can submit a TM Headstart (pre-application service) request for an initial assessment if you are unsure or conduct a search of the Australian Trade Mark Online Search System (ATMOSS) and other goods and services existing in the market place to ensure that you will not be infringing any existing trade marks.

Before you submit a trade mark application or TM Headstart (pre-application service) request, there are a number of things to consider.

Will your trade mark be accepted for registration?:
Your trade mark must distinguish your goods or services from others in the marketplace. For this reason, you will find it difficult to register trade marks that fall into the following categories as these are prohibited signs:
** denote the kind, quality, intended purpose or value of the goods or services
** are common surnames or geographical names
** conflict with an earlier trade mark
** would mislead the public about the nature of the goods or services

Some words, such as ‘Olympic Champion’ are protected by law and cannot be registered as a trade mark under the Trade Marks Act 1995. Other words are affected by other legislation, such as the use of the word ‘champagne’, which is governed by provisions of the Australian Wine and Brandy Corporation Act 1980.

Is my trade mark sufficiently different from other registered trade marks?:
Your trade mark will be difficult to register if it is too similar to another trade mark on our database that covers goods or services which are too much like yours.

Important note: The reasons above are the most common reasons for trade marks being difficult to register. There can also be other less common reasons. We will advise you if any of these apply to your trade mark.

Fees are not refundable if your trade mark can not be registered.