How to register a trademark online in Australia

Online trademark registration has become a popular global trend, bringing many benefits to businesses. Carrying out procedures at home or in the office through a computer or phone saves significant time and money. Moreover, the application process becomes more transparent as you can easily track the progress of processing your application. However, to ensure a smooth application process, you need to thoroughly research the laws of each country and prepare a complete application. Australia is also one of the pioneers in digitizing public services, including trademark registration. The online trademark registration system in Australia is provided by the Australian Intellectual Property Office (IP Australia), bringing many utilities to businesses and individuals. Viet An Law IP Firm would like to guide customers on the procedures for online trademark registration in Australia through the article below.

Instructions for preparing trademark registration dossiers

Step 1: Identify the trademark owner

The owner of a trademark may be:

• Individual: One or more individual individuals.
• Organization: A registered company or another organization.
• Trust: The manager of a trust.
• State Agencies: Includes political bodies or administrative units at the state, territorial, or federal level.

Step 2: Registration conditions

To be granted a trademark registration, the applicant must:

• Have citizenship or permanent residence in Australia or New Zealand; or authorise a representative with citizenship or permanent residence in either of these countries.
• Intend to use the trademark for the goods and/or services stated in the application.

Step 3: Research before applying

To ensure intellectual property rights and avoid unnecessary legal troubles, applicants should:

• Clearly define the type of trademark: Carefully learn about the types of trademarks (trademarks, service marks, certification marks,…) to choose the right type suitable for your product or service.
• Classification of goods and services: Accurately identify the types of goods and services for which the trademark will be used and classify them into appropriate groups of goods and services according to the Nice international classification system.
• Registered trademark search: Use an online trademark search tool to check if your trademark idea or similar ideas have been previously registered by someone.

Step 4: Choose a subscription service

There are 2 subscription services you can choose from:

• Trademark Registration Preparation Service (TM Headstart)

What is TM Headstart?

TM Headstart is a pre-trademark registration consulting service , especially for first-time customers.

When using this service, your trademark will be thoroughly evaluated by an expert before officially applying. As a result, you will receive detailed feedback and have the opportunity  to adjust the application, increasing the likelihood of  successful trademark ownership.

• Standard online registration

Step 5: Prepare the registration dossier

To complete the trademark registration procedure, you need to prepare all the following documents:

• Information about the owner: Includes name, contact details, and contact information.
• Brand image: This can be your logo, product image, or signature design.
• Categories of goods and services: Specifically list the products or services that you want to protect your trademark from.
• Group number of goods and services: This is the classification code of goods and services according to the Nice system, which helps to clearly determine the scope of protection of the trademark.
• Fee payment receipt

Instructions for filing an online trademark registration application in Australia

For customers using TM Headstart service

TM Headstart service goes through 3 main stages, each with its own cost. Due to the fast nature of the service, you need to be aware of the deadlines to avoid the application being canceled.

Stage 1: Submit a preliminary review request

• Create an account: First, you need to create an online service account.
• Application: You then select the TM Headstart service and submit your trademark information to request an evaluation.
• Receive the report: Within 5 business days, you will receive an expert review report via your online mailbox. Note: Check your inbox regularly to make sure you don’t miss important information.

Stage 2: Amendment of the application (if necessary)

• Revision Period: You have 5 business days to review the report and decide if you want to amend the application.
• Modify: If you want to make a modification, you can do it directly on the system and send it back to the expert.
• Re-evaluation: The expert will re-evaluate the corrected application and send you a new report. Note: Most edits incur additional fees.

Stage 3: Complete the registration procedure (optional)

• Decision: After receiving the final evaluation report, you can decide whether you want to proceed with the trademark registration procedure or not.
• Formal Application: If you decide to apply, you will convert the assessment into a formal application. Note: This step will incur additional fees.
• Validity: Once the application is approved, your trademark will be valid from the date of formal filing. Note: After this stage, you can only make minor changes.

For all trademark applications

To start the trademark protection process, you simply:

• Create an account: Register an account on the system as follows: https://portal.ipaustralia.gov.au/login?_gl=1%2a9u23w8%2a_ga%2aMTA5OTQyODU1NS4xNzIzNDMwODAx%2a_ga_GMT4KC15KS%2aMTcyMzQzMzc3Mi4yLjEuMTcyMzQzNjU5NS4wLjAuMA..
• Complete the procedure: Fill in the online application form

After applying, you will receive a notification of the results of the review in about 3-4 months. The Intellectual Property Office will notify you directly through the system.

• If approved: Your trademark will be published on official information channels including the Official Trademark Magazine of Australia and on the trademark data page, helping to protect your ownership rights. However, within 2 months of the date of publication, anyone can file a complaint if they believe that your trademark infringes their rights.
• If there are no complaints: Your trademark is officially protected, ensuring your exclusive ownership of the trademark.

If you want to register a trademark in Australia, please contact Viet An Law for fast and best support!