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Filing Requirements:

Trademarks: Australia

  Trademark/ Service Mark Requirements:

  1. No power of attorney is required, only the details of the applicant and the mark.

  2. Time necessary to obtain registration is approximately 12 to 18 months from the filing date (for normal prosecution).

  3. Protection and renewal period is 10 years from filing date.

  4. A registration becomes vulnerable to an application for removal on the grounds on non-use once registered for 5 years.

 

Renewal Requirements:

  • Request for renewal form and notice of renewal forms must be signed by applicant.

 

  Change of Name/ Address Requirements:

  1. Official document certifying change of name.

  2. Original certificate registration.

 

  Assignment Requirements:

  1. Proof of title such as: deed of assignment, merger document.

  2. Certificate of registration.

  3. Nominal consideration is acceptable, some Tax may be payable, some stamp duty may be payable.

  4. With or without Goodwill, Pending application and unregistered marks may be signed.

 

  Searches:

  1. Method of search: conducted by computer of the official data base.

  2. Time to be taken: 3 to 5 days.

  3. Contents: search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

  4. Other: necessity of use search on prior marks should be judged by case.

 

General Information:

Claiming priority under Paris Convention: Yes.

 

Filing international registration under Madrid Agreement: No.

 

Filing international registration under protocol to Madrid Agreement: Yes.

 

Registerable: Trademarks, service marks, collective marks, defensive marks, and certification marks.

 

Registration duration: 10 years from filing date.

 

Renewal duration: 10 years.

 

Classification of Goods/ Services: International Classification, multi-class filing.

 

Time until issuance of registration Certificate: 7 months.

 

Publication: After acceptance, in the Official Journal of the Trademarks Office.

 

Opposition period: 3 months.

 

Renewal application: Within 12 months before expiry.

 

Use: Lack of intention in good faith to use or non-use for 3 years following registration renders the registration vulnerable to cancellation.

 
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