TRADEMARK COUNTRIES

Starting a new business or launching a new product or service in Australia is an exciting opportunity but also highly competitive. Protecting your brand with an Australian trade mark registration is a crucial first step to building a strong foundation for longterm growth and success.

Why Register Your Trade Mark in Australia?

An Australian trade mark registration gives you:

• Exclusive rights nationwide to use your brand for your registered goods or services in Australia.
• The legal tools to stop copycats and counterfeiters anywhere in Australia.
• The ability to take action in Australian Courts to enforce your rights.
• Border protection by recording your trade mark with Australian Customs to stop counterfeit imports.
• The right to use the ® symbol within Australia, showing that your brand is officially protected.

In short, an Australian trade mark is one of the most valuable assets your business can own.

How the Process Works

We guide you through every step of the Australian trade mark process:

1. Search & Advice – We check if your brand can be registered and is clear to use in Australia and overseas.
2. Application Filing – We prepare and lodge your application with IP Australia.
3. Examination & Publication – We manage status updates, examiner reports, objections, and possible oppositions.
4. Registration – We provide you with the registration certificate and advise you on proper trade mark use.
5. Renewal – We remind you when renewal is due each ten (10) years.
6. Ongoing Support – We serve as your Address for Service, ensuring you receive all official correspondence.

What You Should Know

• Risk of non-use: While you don’t need to show use when filing, you must use your trade mark in Australia in respect of all registered goods/ services to keep it valid. After an initial 3-year grace period, other traders may apply for full or partial cancellation of your trade mark for non-use.
• Strict examination: IP Australia carefully examines new trade mark applications to ensure your trade mark is distinctive and does not conflict with existing Australian trade marks.‍
• Evidence of use: Evidence of trade mark use may be filed with IP Australia to establish prior use, honest and concurrent use, or acquired distinctiveness.‍
• Foreign applicants: If you are outside of Australia or New Zealand, you must appoint an Australian or New Zealand representative to manage your application and official communications on your behalf.

Why Work With Us

As registered Australian Trade Marks Attorneys, we specialise in helping businesses protect their brands in Australia, New Zealand and internationally. From the initial clearance searches to long-term brand strategy, we make the process clear, efficient, and strategic so you can focus on growing your business with confidence.