You will require this registration if you intend to seek protection for and check the availability of a trade mark over goods and services.
A trade mark is a mark used by traders in goods, or provision of services, to distinguish their goods or services from those of other traders. A registered trade mark gives you the legal right to use, license or sell it within Australia for the goods and services for which it is registered. Trade marks may be:
- Numerals or words;
- An aspect of packaging; or
- A combination of the above listed items.
Please consult the Contact Officer for more information.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
To own a trade mark you must be one of the following:
- An individual;
- A company;
- An incorporated association; or
- More than one of these (in the case of multiple owners).
You can also own a trade mark if you are:
- An unincorporated association; or
- A body existing under legislation (for example a registered charity).
As the applicant you:
- Cannot be a business name or trading name;
- Should be the owner(s) of the business registration;
- Should be the corporation's name (if owned by the corporation) and not in the name of directors or shareholders; and
- Should be in the name(s) of trustee(s) rather than the trust name.
You must use, or intend to use, the trade mark in relation to the goods or services included in your application.
Please consult the Contact Officer for more information regarding eligibility requirements.
Initially 10 years with renewal periods of 10 years thereafter.
Fees will vary depending on your circumstances. Please consult the Contact Officer for more information.
Department of Industry, Innovation and Science
Trade Marks and Designs Group
Trade Marks Act 1995 (Australian Government)
Trade Marks Regulations 1995 (Australian Government)
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