As experts in Australian trademarks we are well placed to advise client’s directly, wherever in the world you may be. In contacting us directly there is no need for an intermediary local attorney to relay information, saving time and costs.
Some key point of difference in Chinese and Australian practice to be considered are:
1. Specification of goods and services
Both jurisdictions are bound by the NICE classification an international system for determining acceptable goods and services (of which there are 45 classes).
2. China strictly adheres to the NICE classification
China strictly adheres to the NICE classification, while goods or services in Australia can be specified according to the NICE classification or in accordance with local practice.
In Australia, we have several avenues for specifying your goods and services, determined by a predetermined list or a manually drafted specification. Where we correctly prepare your specification of goods and services in accordance with local practice a lower statutory filing fee can be obtained.
China applies further scrutiny within each of the 45 classes of the NICE classification with sub-classifications, meaning what is considered similar goods or services in each jurisdiction can be inherently different.
As part of our fixed fee structure, we provide you with a proposed specification of goods and services to accord with our local practice to obtain the widest possible protection for your business. This ensures there are no objections and your trademark is not held up.
Australian trademark fees are based on the number of classes we file in not the number of goods or services covered, so within a class, it costs the same to file 1 or 20 items. In China, an additional fee is payable for each item above 10 listed within each class.
3. Documents required for filing
China: signed Power of Attorney document is mandatory.
Australia: does not require any special documents or Power of Attorney to be signed by the applicant. However, as registered trademark attorneys we must provide relevant details to you along with fees and be engaged to act.
Where the application proceeds smoothly we can register your trademark in Australia with a certificate of registration provided in around 7 months.
The expected timeframe for registration in China is around 16-22 months.
To find out more about registering your trademarks in Australia directly with us, contact us today.