Australian Trade Marks

Minimum filing requirements

An application to file a trade mark in Australiarequires the submission of the following elements;

• Details of the trade mark ,i.e. the brand name, the logo image, the wording of a slogan;
• The International trade mark class along with the (relevant goods and/or services) he trade mark is to be registered in relation to;
• The name, nationality and address of the applicant; and
• The details, where applicable, of any recently filed international applications, which in some cases can be used to claim priority and ultimately backdate the registration of the rights.

Examination

Australian trade mark applications are examined prior to registration and must meet the following key criteria.

• Must be able to distinguish your businesses’ goods and/or services from those of others in the same space.
• Must not be likely to deceive or cause confusion; and
• Must not be ‘substantially identical’ or ‘deceptively similar’ to an earlier trade for the same or similar goods or for the same or closely related services.

Renewal

The initial trade mark registration is valid for 10 years from the date of filing The registration can be renewed within 12 months before or after its expiry date. The registration of a trade mark in Australia can be renewed in perpetuity. If your trade mark has not been used by you, or by an authorised useron your behalf, for a period of three or more years, an application for removal from the Trade Marks Register can be made by another party. If successful the removal action will result in the removal of your trade mark from the register.