What is the process in Australia and how long does it take?
> 1. Fill out our online form and we’ll be in touch
We know you’re busy, so we ask you only once to provide information for your trade mark search, subsequent application and registration. The online form takes 5 mins and you only need to pay for your trade mark search initially.
A TRADEMARKit expert assigned to you will contact you within 2 business days to introduce themselves, confirm your details and answer any questions.
> 2. Next, your trade mark search is completed
Within 5 days, your TRADEMARKit expert will complete and send you the results of either a:
- Basic Search of pending applications and registered trade marks in Australia; or a
- Comprehensive Search (recommended) of pending applications and registered trade marks in Australia and the United States of America, Canada, Europe, United Kingdom and New Zealand.
> 3. Your trade mark application and lodgement
We recommend that once your search is completed, and if you wish to proceed with your application, you should do so within 5 days.
Your emailed search results will contain your TRADEMARKit reference number and a link to simply pay your application fees online through our secure payment gateway.
We then organise your application and email you a copy for checking. Once we get your approval to proceed, we lodge your application with IP Australia where it is queued to come before an examiner.
> 4. Your trade mark is checked by IP Australia
An examiner will look at your application and advise us within 3 months whether the application is accepted or if there are any requisitions.
A requisition is an objection from the Examiner, and these objections may be made on numerous grounds, including that the mark is substantially identical or deceptively similar to an existing mark or registration, or that the mark is not capable of distinguishing the applicant’s goods and services from those of other traders.
Please note:
If there are any requisitions by the examiner, we may need to prepare a response. The timing for responding to requisitions varies, but our fees are a fixed hourly rate and we keep you fully informed on our progress throughout the process.
> 5. Your trade mark is advertised to third parties
If there are no requisitions, the examiner will advertise your trade mark in the Trade Marks Journal for 2 months to allow any third parties to have an opportunity to oppose.
Please note:
If there are any oppositions by a third party, we may need to prepare a response. The timing for responding to oppositions varies, but our fees are a fixed hourly rate and we keep you fully informed on our progress throughout the process.
> 6. Your trade mark is approved – now we register!
If no oppositions are filed, your trade mark will proceed to registration.
We will email and post you a hard copy of all your paperwork and trade mark certificate, which we recommend you keep in a safe place.
