The Trade Mark Application process

In order to obtain a trade mark registration an application is lodged with the Trade Marks Office at IP Australia for the mark in one or more relevant classes.

The application is then examined and a report issued.  The report will either accept the mark for registration or advise of issues in relation to the application that would need to be overcome before the mark could be accepted for registration.  Sometimes these issues are administrative, other times they are more substantial such as a concern that the mark is too descriptive or the existence of prior marks that are considered too similar to that in the application.

If a clear report is issued, the mark is then advertised as accepted and will enter an opposition period. If after 2 months no objections are lodged, the application can proceed to registration.  The mark will then be protected from the filing date of the application.