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Trademarks
Australia
Australian Trademark Registration
Overview of Australian Trademarks

On July 2, 1906, the 1905 Federal Trademark Act came into effect and the Trademark Office was established in Melbourne. We received over 750 applications on that day. Australia's patent law is based on the British legal system, while South Australia, Queensland, Victoria, and Tasmania have enacted laws to protect trademarks long before the UK. The legislation in Australia has been developed for over a hundred years, and the current trademark law is the 1995 Trademark Act.

Application

1. Single country registration

2. Madrid International Trademark Registration

Validity period and renewal

The protection period for trademark registration in Australia is ten years, starting from the date of application. The right holder can apply for renewal of the trademark 12 months before the expiration date. If the renewal is not carried out before the expiration date, it can also be carried out within 6 months after the expiration date, but additional fees need to be paid for the renewal carried out after the expiration date. The Intellectual Property Office will also send renewal reminders to the rights holder, so the rights holder must ensure the correctness of their address. If there are any changes, they can apply for a change from the Intellectual Property Office.

Required documents

1. Name and contact person of the trademark ownerFormula;

2. Trademark design;

3. The commodity or service category and specific category number of the trademark;

4. Payment details.

Note: The entities that can apply for trademark registration in Australia include individuals or individual partnerships, registered companies, trustees, government agencies, etc., and must reside (or have agents residing) in Australia or New Zealand

Application process

1. Apply
If a trademark needs protection, an application must be submitted to the Australian Intellectual Property Office. Under normal circumstances, it takes at least 7 months for an Australian trademark to be applied for and approved for registration.

2. Apply for inspection
Once a trademark application is submitted, the trademark will be waiting for examination in the trademark database. Depending on the nature of the trademark application, the examination time may vary, generally ranging from 3 to 6 months. Examination includes formal examination and substantive examination, with substantive examination including examination of absolute reasons and examination of relative reasons.

3. Search report (temporary rejection)
If the trademark application does not meet the legal requirements, the Intellectual Property Office will send a temporary rejection notice explaining the issues with the application. This notice will outline the reasons identified by the examiner and provide methods to overcome these rejection reasons as much as possible. In some cases, applicants can overcome these issues by providing so-called evidence of use to the intellectual property office. For example, the examiner may have declared in the temporary rejection that there is already a trademark on the register that is similar to the trademark. However, if the applicant can provide evidence of use under certain standards, the examiner may reconsider the grounds for rejection or accept the application based on such evidence of use.
For temporary rejection, the applicant can choose to respond according to the methods provided by the examiner to overcome the reasons for rejection, or submit different written responses or arguments. Of course, a hearing can also be applied for, but the quickest way is to directly reply to the examiner and provide evidence to overcome the reasons for rejection.
From the date of temporary rejection, there is 15 months to respond to the reasons for rejection in the application. But the 15 months include both the applicant's response time to the temporary rejection and the examiner's response time to the applicant's response. Therefore, the response should be submitted as early as possible, leaving enough time for the examiner to consider (at least 20 working days). Of course, if the applicant is unable to complete the response within 15 months, they can also apply for an extension of the deadline, but they need to pay an extension fee.

4. Publicity Procedure
If the trademark application meets all requirements, the trademark will be published in the official trademark magazine in Australia for a period of two months, during which any third party may raise objections.

5. Objection Procedure
The most common reasons for raising objections are: the trademark is identical or very similar to another registered trademark that is currently being applied for or has already been protected in Australia; There is a possibility of deception or confusion with another trademark; The trademark applicant is not the true owner of the trademark.

6. Register
If no one raises an objection during the announcement period, or if the objection is deemed unfounded through the objection procedure, the trademark will be registered and the applicant will be notified in writing. The trademark application status will also be updated to 'Registered'.

Our Advantages
Globalised IP Service System
We provide professional and all-round intellectual property strategy solutions for domestic and international corporate clients, including infringement complaints, global certification services and domestic and international trademarks.
Unique international advantages
With rich experience in international agency; with a large number of international cooperation resources; with professional international agents; to provide customers with multi-language (English, German, Japanese, Korean, etc.) global direct service, and currently with more than 150 countries of the world's leading law firms have business cooperation.
Advanced automated case management
The e-submission rate of cases has reached 100%, and the contents of all applications and defence cases are prepared directly by the lawyers. Our attorneys communicate directly with examiners and other department officials by phone or email, allowing us to effectively control and resolve issues and effectively control the progress of the case.
Effective control of the various aspects of the case
The professionalism and experience of our attorneys, who are familiar with local patent laws and fluent in the local language, increases the chances of a one-time examination. We endeavour to gain an in-depth understanding of each case and build a strategy to deal with it on a case-by-case basis.
Effective cost control
Timely and accurate communication with customers, eliminating intermediate links. The application process is clear and transparent, and the client's budget is protected. Most lawyers charge hourly rates, so you can communicate directly with your clients to understand the key points.
Combining the best firms from around the world
We have longstanding relationships with outstanding firms around the world, and when selecting firms to work with in countries other than the United States and Europe, we look for good professional teams and solid operational and management capabilities.
Contact us
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  • E-mail : monica@yfzcip.com
  • Add : 1301A, Block A, Fenzhigu Mansion, No. 60, Tiezai Road, Bao'an District, Shenzhen, China
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