Trade Mark Registration Procedure

The Trade Marks Office is run by IP Australia. The Trade Marks Office keeps a Register of all applications and registrations.

In order to register a trade mark, the following details must be supplied:

• The correct name of the Applicant(s)
• The correct address of the Applicant or their Agent;
• A graphical representation of the trade mark;
• The goods or services to which the trade mark will be applied.
• The particulars of any right of priority claimed;
• The class numbers relating to the goods and services.
• The Applicant should be using the trade mark or have an intention to use the trade mark.

Registration Procedure

The earliest one can get a trade mark registration is about 7 ½ months from the time of application. This is because the Trade Marks Office can take up to three or four months to examine the trade mark application for formalities and substantive examination to make sure the mark can be properly registered a trade mark.

In addition, the Trade Marks Office allows a 6 month window where overseas applications filed within the previous six months take priority over any identical of substantially similar trade mark application.

Trade Mark Classes

When an application is made to register a trade mark with the Australian Trade Marks Office it requires notification of what goods or services the trade mark will be used on. The scope of your trade mark registration directly relates to the goods or services claimed. This requires expert assistance in getting the statement of goods or services just right (not too narrow and not too wide).

All potential goods and services are covered according to an international classification guide. For administration reasons, goods and services are divided into classes. In Australia a single application can cover multiple classes (called a multi-class application). You can pick more than one class in your application.

At present there is 34 classes relating to particular goods (i.e. clothing and footwear is classified in class 25, wine is classified in class 33 and stationery is classified in class 16).

There are also 11 classes relating to particular services (i.e. class 35 relates to advertising services and retail services; class 36 relates to financial services and class 41 relates to education and training).

This is an international system of classification which a number of countries prescribe to which makes it easier for international applications and applications directed to particular countries.

Next read about the benefits of trade mark registration