Australian Trade Marks

Minimum filing requirements

In registering a trade mark in Australia, the following requirements must be provided in the application:

• Details of the Australian trade mark and the International trade mark class(and relevant goods and/or services) in respect of which the mark is to be registered;
• A high quality hard copy/electronic copy of the mark if it includes a graphic or stylised element (preferably an electronic copy in ‘jpeg’ format);
• Name, nationality and address of the applicant; and
• Convention details if relevant (application number, trade mark and filing date). Copies of priority documents are not usually required by the Trade Marks Office; if they are, they are due prior to acceptance, and a verified English translation will be required.

Examination

Australian trade marks will be examined before registration on a number of grounds, including that the mark:

• Must be able to distinguish one trader’s goods or services from another’s;
• Must not be likely to deceive or cause confusion; and
• Must not be substantially identical or deceptively similar to a prior mark for similar goods or closely related services.

Renewal

The initial trade mark registration is valid for 10 years from the filing date. 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 indefinitely. If your trade mark has not been used by you or on your behalf, for a period of 3 years, an application for removal from the Trade Marks Register can be made by another party.