At MacMillan Trademarks we offer a wide range of services for Australian Trademarks. We provide a summary of the Australian trademark process below and how we assist to register your trademark. Please do not hesitate to contact us for further information and to proceed with your trademarks application.

1. Trademark Search

We recommend the first step is to undertake a search of Australian records to ascertain if there are any potential conflicts with your proposed trademark application. We undertake a comprehensive search and with each search we do, we include a concise and easy to understand report, outlining any risks you face and detailing the best approach for moving forward. The results of the search report will allow us to tailor your trademark application to ensure the best possible chance of your trade mark proceeding without obstacle. 

2. Trademark Lodgement

Once you are ready to lodge your trademark, we work with you to ensure the best possible coverage for the goods and services you deliver to your customers. There are currently 45 different classes in Australia that define goods and services, ensuring your application is in the correct class and covering the correct goods or service is vitally important.

3. Trademark Examination

Once the application is filed the Trade Mark Office undertakes an ‘examination’ process. Here the Trade Mark Office checks that there are no similar trademarks, your proposed trademark is not generic or descriptive and other matters. If there are any problems the Trade Mark Office will send us a written report outlining such. If we have completed a search on your behalf (see 1 above), we are likely to be aware of any potential problems.

The time taken to register a trade mark in Australia is somewhat determined by the number of problems the Trade Mark Office raises, in their ‘examination’ of the application. However, there are provisions in Australian trade mark law to ‘expedite’ or accelerate your application in certain circumstances, which we can discuss with you at your request.

4. Trademark Registration

After the Trade Mark Office has examined your application and it is satisfied there are no problems, (or we have overcome any problems) your application will be advertised in the official Trade Marks Journal to allow third parties the opportunity to oppose it. Once your trademark has been advertised and providing there are no oppositions, we need to pay the correct registration fee and the trademark will be registered and we will receive the official Certificate of Registration.

Once registered the trademark is now an asset for you or your company and you have the sole right to use, license or sell the mark in Australia as you see fit. A trademark can last indefinitely, provided the renewal fee is paid every 10 years, which we can monitor for you. See our trademark management page.

A trademark in Australia gives you rights through out the whole of Australia and there is no need to register in each individual State.

If you have any questions, would like further information or to get your trade mark underway, contact MacMillan Trademarks today.