Safeguard your brand with expert international trade mark registration and comprehensive search services, ensuring your identity is protected across global markets.
The law defines a Trade Mark as “a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging”. It distinguishes the goods and services of one trader from those of another. Your logo or name is what makes your brand recognisable. In order to own the rights to your Trade Mark, you should register it.
A business name is the name used to identify your business to your customers and other businesses.
A business name is only required if the legal entity that owns a business wants to identify the business with a different name. The purpose of registration is to identify the legal entity that owns the business. It does not grant exclusive rights or ownership over your business name.
Registering a business name also does not stop others from using the same or a similar business name without registration.
Rather than identifying your business, a Trade Mark identifies the unique goods and services you offer in the marketplace and distinguishes it from the goods or services offered by other traders.
A Trade Mark can be registered for words, letters, names, numbers and phrases as well as images, shapes, colours, logos, sounds, movements or a combination of these.
Because the purpose of the Trade Mark is to distinguish your goods and services from those of other traders, a trade mark must be distinctive. So while your business name can be a simple description of your business, it would not necessarily be registrable as a Trade Mark.
Unlike business names, there is no legal obligation to register a Trade Mark. Registration provides exclusive rights to use, license, and sell the Trade Mark in the Classes of goods and services in which the Trade Mark is registered.
To be eligible to apply for a Trade Mark, you must be one of the following:
• an individual
• a company
• an association
• a trust (in the name of the trustee)
• a corporation (in the name of the corporation itself).
To apply for a Trade Mark, you will need:
1. The Trade Mark (your brand name, slogan, or logo)
2. The applicant's name and address
3. The goods/ services relevant for your Trade Mark
The process to register a Trade Mark consists of 5 stages:
1. Filing stage (= your application has been filed)
2. Examination stage (= your application is being examined)
3. Acceptance stage (= your application has been accepted)
4. Publication stage (= your application is published for oppositions)
5. Registration stage (= your trade mark is registered)
The registration process takes between 7-8 months (e.g. Australia, USA, EU) and 12-14 months (e.g. China, Canada, India) depending on the jurisdiction.
The costs to register a Trade Mark can vary significantly, depending on:
• How many names, slogans and logos you use and wish to register
• How many Classes you need to cover all of your goods/ services
• In how many countries you wish to protect your Trade Mark
• Whether your application receives any objections or oppositions
The costs comprise professional fees and official fees. The official fees vary from country to country.
As a rule of thumb, registering a Trade Mark in one Class will cost about A$ 1,000 per country in a smooth case. Contact our team for a free consultation and quotation for your Trade Mark.
A Trade Mark lasts ten (10) years. Most jurisdictions count from the filing date, others from the date of successful registration.
You can renew your Trade Mark each ten (10) years indefinitely. Keep in mind that Trade Marks can become vulnerable to cancellation for non-use if you do not start using, or cease using your Trade Mark in connection with the registered goods/ services.
In some jurisdictions, you will need to actively prove use of your Trade Mark to the Trade Marks Office (e.g. in the United States and the Philippines). In other jurisdictions, third parties can apply for your Trade Mark to be removed from the register for non-use (e.g. Australia and United Kingdom)
Trade Marks are generally a matter of national law. This means, registering a Trade Mark in Australia only provides protection within Australia, leaving your Trade Mark unprotected overseas.
You can protect your Trade Mark internationally in two ways:
• Filing an application directly to each country where you want to protect your Trade Mark; or
• Filing an International Registration (IR) through the World Intellectual Property Organisation (WIPO) under the Madrid-Protocol, and nominating the signatory countries where you want to protect your Trade Mark.
With national applications, you can tailor each application according to the requirements of the relevant jurisdiction. This will reduce the risk of processing delays or any formality issues that might hinder registration. You can also file your Trade Mark in one country at a time and so spread the costs of international protection over a longer period of time.
To apply for an International Registration, you must have already filed an application for, or own registration of, the Trade Mark in your home country.
You must file your International Registration through your national Trade Marks Office which will check if your application meets the formal requirements of the Madrid Protocol. If satisfied, the office will certify your application, issue a notice of certification and forward your application to WIPO.
WIPO will then issue an International Registration number and notify the Trade Marks Offices of each designated country of your International Registration. The Trade Marks Offices will then process your application in accordance with the national laws and regulations.
As the owner of a Trade Mark, it is your sole responsibility to enforce your rights. The Trade Marks Office only administers Trade Marks; it does not monitor the marketplace or act against unauthorised use of your Trade Mark.
Before making any claims against a third party, you should generally consider:
• Do you legally own a Trade Mark in the relevant jurisdiction?
• Does the third party use the same or a deceptively similar mark?
• Are the respective goods/ services the same or closely related?
• Has there been any confusion in the marketplace, or is confusion likely to occur?
• Do you have evidence of the infringing conduct?
If you take the view that a third party infringes upon your Trade Mark, you may wish to contact them to express your concerns. Alternatively, you should seek professional advice.
The selection of a good partner for trade mark protection is important. IP SERVICE INTERNATIONAL has over 10 years of global experience and a personal approach to secure your brand at every stage.
We have more than a decade of international know-how and can file directly in Australia, New Zealand, UK, EU, Singapore, and many more countries. We know global trade mark law as well as or better than anyone and craft strategies that are perfectly in line with your strategic objectives.
We take care of filing directly with IP Australia and other important offices worldwide, thus avoiding intermediaries. In addition to cutting costs, this approach expedites the registration process and gives you a competitive edge.
Every business is unique. The dedicated team of trade mark solutions ensures that we tailor them to protect your unique trade mark identity for a successful business in the market spaces.
From multinational corporations to startups, our professionals from the field of trade mark law are trusted to move through the intricacies of trade mark law with confidence, offering polished protection from initial registration through to enforcement.
Applying for an Australian Trade Mark
What we do is guide you through every step of obtaining your trade mark registered and are in full compliance with Australian regulation.
Opposing a Trade Mark
If there is a conflict, we will represent your interests in objecting and can help to protect your brand effectively.
Renewing a Trade Mark
Regularly, we take care of the renewal process so that your trade mark remains active and completely protected.
Overseas Trade Mark Application
Our effective international trade mark services will help you reach out to more people and secure your brand in various jurisdictions.
Understanding Trade Marks
Our trade mark lawyers explain trade mark law clearly and in an actionable way.
Protecting a Trade Mark
We don’t just vigilantly monitor and enforce your trade mark rights; We lay them down for you on leading web hosts and service providers and bring them to battle every time a trade mark is infringed upon.
Need expert assistance? You can contact us today at 1300 770 287 to have a free consultation.
First, we assess the mark’s registrability and conduct clearance searches to identify potential conflicts.
When your trade mark strategy has been finalised, we apply for your trade mark (or series of trade marks) directly with the appropriate trade mark office, which is IP Australia in this scenario. We have direct filing capability, so the whole process is as streamlined as can be.
We know that maintaining our client’s trust is of the utmost importance, and this is why we have consistently outstanding client reviews when it comes to protecting your intellectual property.
A trade mark is a unique sign that distinguishes your goods or services from others. Registering one protects your brand identity and prevents unauthorised use.
The registration process generally takes between 7 to 8 months, assuming there are no objections or oppositions.
Absolutely. We offer direct filing with numerous international trade mark offices, making global protection both accessible and cost-effective.
If an opposition is raised, we provide expert guidance throughout the process to help you defend your trade mark rights effectively.
Once registered, a trade mark in Australia is valid for ten years and can be renewed indefinitely.
While not mandatory, engaging an experienced IP lawyer ensures your application is thoroughly prepared, minimising risks and maximising protection.
Costs vary depending on the number of classes and the complexity of your application. We offer transparent pricing and bespoke solutions to meet your needs.
Need help?
We work with businesses across Australia and from around the world. If you wish to meet with us in person, please contact our office.
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