Australian Trade Marks2021-08-03T18:40:58+10:00

Registering and protecting a trade mark in Australia

MacMillan specialises in trade marks. Securing the potential of your business’s intellectual property is what we do best. Whether you’re Australian-based or outside of Australia, we can help you secure and manage your trade marks in Australia.

Key steps to trade mark your brand in Australia

Wherever you are in the world, we handle the entire Australian trade mark registration process for you from beginning to end, in the shortest possible timeframe.

We’ve summarised the key steps involved to register your trade mark – all these steps are included in our fixed fee.

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1. Australian trade
mark search

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2. Filing of Australian
trade mark

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3. Trade mark
examination

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4. Trade mark
registration

Trade Mark protection for the lifecycle of your brand

Our services go beyond just registering a trade mark. With MacMillan, you benefit from a comprehensive strategy to protect and future-proof your brand.

1. Brand protection strategy

We start by undertaking a brand audit and providing a brand protection strategy tailored to your business, with clear and concise recommendations on the best way to move forward.

2. Searching, filing and registering trade marks

Complete budget certainty for registering your trade mark with our fixed fee approach – see the steps outlined above.

3. Trade mark management

As part of our comprehensive approach to your brand management we can manage your trade mark rights to ensure they do not lapse. Our sophisticated custom technology monitors renewal and other deadlines to ensure your rights are maintained.

4. Trade mark opposition and non-use proceedings

There are times when you or another party may pursue legal challenges to protect your trade mark. As your IP partner, MacMillan will work with you to protect the integrity of your rights and trade mark. Find out more.

5. Trade mark prosecution and investigations

Similarly, we can investigate and prosecute trade mark infringements or defend your trade mark in legal challenges. Find out more.

PROTECT YOUR
TRADE MARK

Register today
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1. Australian trade mark search

After the brand audit, the next step in protecting your brand is to determine if a trade mark is eligible and available for registration.

  • We undertake a search of Australian records to ascertain if there are any potential conflicts with your proposed trade mark application and to see if your trade mark is available for registration. This also will discover potential infringement of other registered trade marks.
  • This includes searches on trade marks that look or sound similar, as well as prefix and suffix searching. We also check that prohibited signs are not included in your application, which could prevent your trade mark from being registered.
  • We provide an easy-to-understand report outlining any potential obstacles and detailing the best approach to ensure your trade mark becomes registered as soon as possible.
  • The search report lets us tailor your application to ensure your trade mark proceeds without obstacles.
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2. Filing of Australian trade mark

A trade mark in Australia can be registered in one or more of 45 different classes (categories) of goods and services.

  • Before filing your trade mark application, we provide you with a list of the classes of goods and services that best suits your business, and recommend which classes to proceed with. We consider your future business plans and see if we can cover any future expansion plans into your trade mark application.
  • We answer any questions you have and we provide advice on the best way to file your trade mark, whether we file the trade mark for a business name alone or include a logo, and whether the trade mark if filed in colour is determined by how you use each element. This is Included in our fixed fee.
  • We pay a high level of attention to detail to each matter to ensure your brand gets the protection it deserves.
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3. Trade mark examination

After the application is filed, the trade mark is ‘examined’ by the Australian Trade Mark Office.

  • We act as your ‘address for service’ for your trade mark. This means we receive all correspondence relating to your trade mark at our office and forward this to you with details of any action required.
  • If there are any problems, the Australian Trade Mark Office will provide us with a written report outlining the objections. However, if we completed the search on your behalf, we would have been aware of any potential conflicts before filing.
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4. Trade mark registration

Once the examination is complete, the Australian Trade Mark Office will accept the trade mark application and details are advertised in the official Australian Trade Mark Journal, to allow third parties the opportunity to oppose it.

  • After advertisement we can register your trade mark for an initial period of 10 years and supply the official Certificate of Registration to you.
  • A trade mark in Australia gives you rights throughout the whole of Australia and there is no need to register in each individual State.

The entire trade mark process in Australia takes at least seven months, where the application proceeds smoothly. Any objections can delay the process, which is why it is crucial to have a trade mark attorney assist with your registration.

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“Kadac has been working with MacMillan Trade Marks for many years as our preferred partner for trade mark management, advice and protection for our multiple brand assets. They have assisted us through numerous rebrands, packaging and new product development projects over this time, providing guidance on how to navigate the approval process, including collating evidence-based support for our applications. The MacMillan team are transparent, knowledgeable and reliable in this space, giving us assurance that our IP is protected while we have them in our corner.”
John Coote, Kadac CEO

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