Australian Trademark Applications

Trademarks 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 Trademark Classification Code.

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

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

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

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

Australian Standard Trademark Procedure