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Australia Trademark Registration Requirements

Updated:2018-9-25 16:16:50    Source:www.tannet-group.comViews:179

Australia trademark registration is governed by Australia Intellectual Property Office. If you want to distinguish your goods, services (or both) from those of another business, you may need a trade mark. A registered trade mark provides you with exclusive rights to use, license and sell the mark. It’s also a valuable marketing tool because the value of your trade mark increases with the success of your business. The following are the relevant requirements on application.

Requirement on Applicant/Owner
Before going down the track of applying for a trade mark it would be a good idea to make sure you are eligible.

To be eligible, the owner must be:
1. an individual;
2. a company;
3. an incorporated association;
4. an unincorporated association (for a collective trade mark only);
5. a body existing under legislation (for example a registered charity).

The applicant: 
1. can’t be a business name or trading name;
2. should be the owner(s) of the business registration;
3. should be the corporation's name (if owned by the corporation) and not in the name of directors or shareholders;
4. should be in the name(s) of trustee(s) rather than the trust name.

Understanding Goods and Services
When you apply to register a trade mark, you must provide a description of the goods or services you intend to use your trade mark on. These goods and services need to be identified into one or more classes.

Goods and services are divided into 45 classes. Before you begin, think carefully about the goods or services you want protected by your trade mark. If you make a mistake you will not be able to expand your list of goods or services once you file your application. Tannet can help you define the goods/services before filing the application.

Required Information
All applications must include the following:
1. applicant’s name/ownership details and contact details;
2. a representation of the trade mark - see our image requirements for online services;
3. a description of the goods and/or services to which it will apply;
4. a list of the relevant classes - what you are offering as goods or services;
5. a translation/transliteration of any part of your mark that is in another language;
6. the required fee.

You must use, or intend to use, the trade mark in relation to the goods or services included in the application. If the trade mark is to be used by a corporate entity that is about to be formed, you can assign the trade mark to the new body once it has been formed.

Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512 or 86-755-82143181 or emailing to You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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