Question 1

What is a trade mark and why should I register one?

Accepted Answer

A trade mark is a sign - such as a word, logo, phrase, colour, or shape - that distinguishes your goods or services from those of others. Registering your trade mark gives you exclusive rights to use it in Australia, the legal power to stop others from using a confusingly similar mark, and a valuable commercial asset you can licence or assign. An unregistered mark offers very limited protection and is far harder to enforce.

Question 2

How do I register a trade mark in Australia?

Accepted Answer

Trade marks in Australia are registered through IP Australia. The process involves selecting the correct classes of goods and services, conducting a clearance search, preparing and filing the application, and navigating the examination process. Our Richmond trade marks team manages the entire process on your behalf - from initial strategy through to registration.

Question 3

How long does trade mark registration take in Australia?

Accepted Answer

The standard process typically takes 7 to 9 months from filing to registration, provided there are no objections or oppositions. IP Australia examines the application within approximately 3 to 4 months. If accepted, it is advertised for a 2-month opposition period before registration is granted. Our team keeps you informed at every stage.

Question 4

What is a trade mark clearance search and do I need one?

Accepted Answer

A clearance search checks whether your proposed mark conflicts with any existing registered or pending trade marks before you file. It is a critical step - filing without searching risks rejection by IP Australia, opposition from existing trade mark owners, or costly rebranding down the track. Our team conducts thorough searches and provides clear advice on the risks before you proceed.

Question 5

What are Nice classes and how do I choose the right ones?

Accepted Answer

The Nice Classification system divides goods and services into 45 classes. When filing a trade mark application you must nominate the classes that cover your goods or services - your protection only extends to the classes you select. Choosing too few leaves gaps in your protection; choosing too many increases costs unnecessarily. Our team advises on the optimal class selection for your business.

Question 6

Can I register a trade mark internationally?

Accepted Answer

Yes. Australia is a member of the Madrid Protocol, which allows you to file a single international application covering multiple countries. This is significantly more cost-effective than filing separately in each jurisdiction. Our team advises on international trade mark strategy and manages Madrid Protocol applications for clients expanding into overseas markets.

Question 7

What is a trade mark opposition?

Accepted Answer

After a trade mark application is accepted by IP Australia, it is advertised for 2 months during which any third party can file an opposition. Oppositions are common where existing trade mark owners believe a new mark is too similar to theirs. Our team both defends opposition proceedings brought against our clients' applications and runs oppositions against marks that threaten our clients' existing rights.

Question 8

What can I do if someone is infringing my trade mark?

Accepted Answer

If someone is using a mark that is identical or deceptively similar to your registered trade mark in relation to the same or similar goods or services, you have several options - including sending a cease and desist letter, negotiating a licence or co-existence agreement, filing a complaint with the relevant platform for online infringement, or commencing court proceedings. Our team advises on the most commercially effective enforcement strategy for your circumstances.

Question 9

How long does a registered trade mark last?

Accepted Answer

A registered Australian trade mark lasts for 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal fees are payable to IP Australia. Our team can manage your trade mark portfolio and renewal calendar to ensure your marks never lapse.

Question 10

What is the difference between ™ and ®?

Accepted Answer

The ™ symbol can be used by anyone to indicate they are claiming trade mark rights in a name or logo - it does not require registration. The ® symbol can only be used once a trade mark has been officially registered. Using ® on an unregistered mark is an offence in Australia. Our team advises on correct trade mark usage as part of our brand protection service.

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