The number of trademarks registered each year in Australia has been on the rise, and it’s no wonder why.
Registering your business’s trademark is the only way to protect it legally. If another business copies your name, logo, or any other signature feature, there’s nothing you can do about it. In fact, if they have it registered, they can sue you.
In other words, you need to register a trademark to protect your brand’s equity and long term stability.
Read on to learn everything you need to know to register a trademark in Australia.
Determine Your Trademark
If you’re wondering how to register a trademark, the first step is having one in the first place. If your business has been around for a while, ask yourself which parts of your brand identity are unique to you.
A trademark is more than a simple logo or business name. It can be anything associated with your business, from a sound to a slogan.
If you don’t have a trademark, you’ll need to come up with one.
Goods and Services
The next step to register a trademark is to determine what categories your goods or services fall under. In Australia, there are 45 different classes of goods/services.
The classes your trademark falls under will depend on what you provide customers, the nature of your business, and what your business is known for. It’s possible to have multiple classes.
It’s important to identify all of your classes from the beginning because it’s difficult to expand them later on.
Search the Databases
Once you have a good idea of your trademark and its classes, you need to make sure that no one else already has that trademark registered. Even a trademark too similar to yours can cause yours to be denied.
On the other hand, two companies can have the same trademark as long as they’re in completely different industries or classes.
When searching, make sure to thoroughly check IP Australia’s database of registered trademarks.
Apply for Your Trademark
Only after you’ve completed the above steps are you ready to register a trademark in Australia.
You’ll fill out the application available at IP Australia, which will cost at least $250. You can learn more about the cost of registering a trademark at Progressive Legal.
The application itself doesn’t take too long. You’ll have to provide ownership details, contact information, and describe your classes of goods/services.
Your registration will become public quickly, and from there you can only make minor changes.
Getting Your Trademark
It can take anywhere from three to six months to have your trademark accepted. Once it’s accepted, you can protect it legally.
Two months of the application process is considered the “opposition” portion. During this time, anyone can oppose your trademark. This is fairly uncommon.
If you do receive opposition, though, you’ll have 15 months to make corrections.
Register a Trademark Stat
If you run a business and you don’t register a trademark, it can be detrimental to your success. Now that you know how to get a registered trademark in Australia, you should start filing as soon as possible.
If you run a business, check out our business forms and templates for your industry today.