Australian Trade Mark Applications

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Trade marks are protectable if they are distinctive in your industry for the goods or services in respect of which they are being used. Any and every good or service each falls within a particular class of goods or services according to the International Trade Mark Classification Code.

Baxter IP offers a simple and cost-effective procedure for obtaining trade mark protection – here’s what’s involved:

  1. An initial consultation with an Australian trade mark attorney who will explain to you the trade marks process in Australia and Internationally whilst gaining an understanding of your commercial objectives
  2. Pre-filing preparation and strategy, such as:
    1. A trade mark attorney evaluating your goods and services selection and ensuring that it is comprehensive and not set out in a limiting manner;
    2. Trade mark database searching, distinctiveness consideration and trade mark representation evaluation for Australia;
    3. Trade mark database searching, distinctiveness consideration and trade mark representation evaluation for an international trade mark application
    4. Brief unregistered (common law) trade mark searching in Australia.
  3. Consideration of filing options, such as:
    1. Proceed with a standard Australian trade mark application based;
    2. Using a two-step TM Headstart with restricted goods or services;
    3. Using two-step TM Headstart with expanded goods or services; or
    4. Filing a standard Australian trade mark application after consideration of TM Headstart results.
  4. Filing of an trade mark application in Australia
  5. Preparing and filing a response to any trade mark examination report that arises
  6. Renewals management
  7. Filing overseas trade mark applications within six-months of the Australian trade mark application through:
    1. Direct country filing,
    2. Community Trade mark (CTM) or OAPI, ARIPO, or
    3. Madrid Protocol (or agreement) international system.*

* A Madrid Protocol international trade mark application is filed based on a filed Australian trade mark application. In the final step, an international trade mark application matures into trade marks in selected countries. 

The process for registering trade marks in Australia is set out in Procedure F below.

Australian Standard Trademark Procedure