How long does it take to register a trade mark in Australia?
Registering a trade mark is an essential part of protecting your business, your brand and your ideas. In Australia, registering a trade mark will take at least 7.5 months, and that is if you have everything that you need in place and no-one objects.
Professional advice from a trade mark attorney will ensure that the process runs as smoothly as possible; from applying in the correct goods and services categories to carefully managing any opposition, a trade mark specialist will get you the best outcome in the shortest time possible.
1. Put your best foot forward.
There are several things to consider before lodging an application. You need to be sure that your trade mark is eligible to register and that you will not be infringing on anyone else’s trade mark (we talk more about that here). You also need to apply in the correct capacity, as an individual or company, and that you nominate the right legal owner.
If you get these things right from the beginning, your trade mark application will be stronger, quicker and less likely to be delayed by objections.
2. Fail to plan, plan to fail.
Your trade mark should protect your brand in your current market and any future markets that you plan to expand into. As trade mark protection for goods and services is categorised, this means thinking carefully about your current and future products and services to ensure your business is properly protected as you grow. An experienced trade mark attorney will guide your market research to help you plan appropriately for future product developments and related services that you plan (or hope!) to offer.
I can’t stress enough how important it is to spend some time planning for your future - it will save you a lot of time, money and pain later down the track.
3. Lodge your application.
Once your application is prepared, you pay a fee and lodge your application with IP Australia. The fee payable will depend on how many trade marks you register and in how many goods and services categories: one trade mark in one category will be no more than AUD $1,000.
4. Wait patiently.
It takes a minimum of 7 ½ months from the date of application for a trade mark to be registered in Australia. There is no getting around this unfortunately - just remember that good things come to those who wait!
First, your application will be reviewed by IP Australia, a process that takes around 3-4 months. During this time, if IP Australia are not satisfied with your application, you may be issued an examiner’s report to which you must respond. You’ll have 15-months to rectify any issues raised and respond. At this stage, an experienced trade mark attorney will be invaluable in understanding the issues and presenting a water-tight case for registration.
Once accepted, your trade mark application then enters a mandatory 3-month opposition period. The opposition period gives other people and businesses the opportunity to be aware of your trade mark and oppose it by submitting evidence that it infringes on a trade mark that they own (we talk more about this here). While not common, it is important to remember that a trade mark is not yours until it has been registered.
5. Celebrate!
If there are no oppositions to your trade mark, it will then move to registered status. Before you crack open the champagne, get your diary out because your trade mark is only valid for 10-years from the date of your application, after which time it must be renewed.
At Contego, our services include full management of your trade mark including renewals and trade mark monitoring, so that your trade mark remains valid and any applications made that infringe upon your rights are successfully opposed .
If you need some help to navigate your trade mark application, please reach out to me here. I offer a complimentary initial review of your situation and can help set you up for success.
