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The Formal Stages of Trade Mark Registration in Australia

1. Filing the Application

The first formal step in the process is to prepare and submit a trade mark application to IP Australia. There are several methods of applying including TM Headstart, an option where you receive an expedited initial assessment of your application. Unless all necessary details are provided and the filing fees are paid, the application will not progress to the next stage.

2. Examination of the Trade Mark

During this stage, an examiner from IP Australia carefully reviews your application for any issues. If there are any problems, they will provide an adverse report outlining the reasons your application has been rejected and what needs to be done before your trade mark becomes registrable.  

3. Acceptance

After a thorough review, if your application meets all the requirements, IP Australia will accept your trade mark. This acceptance leads to the publication of your trade mark in the Australian Official Journal of Trade Marks, where it becomes visible to the public for a period of two-months.

4. Opposition

During the two-month opposition period, others can raise objections to your trade mark registration. It’s important to address any opposition promptly and effectively to ensure a smooth registration process.

5. Trade Mark Registration

If no valid oppositions are raised during the opposition period, your trade mark is eligible for official registration. This provides you with exclusive rights to use the trade mark for your specified goods and services. As the owner of the trade mark, you now have the legal right to use the (R) symbol next to your trade mark, indicating its registered status. Your trade mark must be renewed at the end of the ten-year period to maintain its protection. Navigating the trade mark registration process requires attention to detail and an understanding of the legal requirements. Contact Brandsmith & Co. for guidance and a seamless application process. Protect your brand today with a registered trade mark.

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