Trademark registration

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Trademark registration

Australia is a member of the Madrid Agreement and the Madrid Protocol. Trademark protection is obtained through registration.

Registration of trademarks: Requirements

A trademark application must be submitted to the Intellectual Property Office in Madrid. A power of attorney is not required. Foreign applicants do not require domestic registration.

Trademark registration: procedure

The application process includes an investigation on absolute grounds; the official search has been left behind. Signs that are not considered to be distinctive in the investigation can be registered if distinctive character has been obtained through use. After the investigation into formalities and absolute grounds, the application for opposition purposes is published in the trademark register.

Trademark registration: duration

A trademark registration in Australia is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.

Trademark registration: methods

There are several methods that you can choose from.

National registration:

If you only want to register your trademark in Australia, it is sufficient to request a national registration.