Application – File a trade mark application with the Trade Marks Office (IP Australia)

Examination by the Trade Marks Office will usually take somewhere between 3 and 4 months to check whether the trade mark should be accepted for registration. If issues are raised then you have 15 months from the application date to resolve them. If they are not resolved the Trade Marks Office will formally reject the application.

If there are no issues with the application then the Trade Marks Office will issue a Notice of Acceptance.

Advertisement - The Trade Marks Office will advertise the acceptance of the trade mark in the Official Trade Marks Journal which issues monthly.

Opposition – Once advertised, another party may oppose registration of the trade mark within three months by filing a Notice of Opposition. The Opposition process allows both parties to submit evidence and arguments as to why the trade mark should or should not be registered. The Trade Marks Office will issue a decision on whether to register the trade mark.

Registration – If no opposition notice is lodged or an extension of time applied for to oppose then the trade mark application will proceed through to registration and the Trade Marks Office will issue a Certificate of Registration.

Renewal – You need to renew your trade mark registration every ten years.