All About Australia Trademarks

A trademark, used primarily for the convenience of the consumers, denotes the real source of any product. There are numerous laws governing the usage of trademarks in the business. The Australia Trademarks number more than 80,000 in number, and are registered with the ATMOSS (Australian Trademarks Online Search System). Apart from this, there is a Trademarks mainframe database which has a comprehensive list of all the trademarks in Australia.

A trademark helps a company in developing recognition in the market. Consumers can identify a product by its trademark which can be a logo, a slogan, or a shape. In Australia, some very popular trademarks are that of Penfolds, Deep Heat, Mortein, Qantas, Bonds, King Island Beef, Drizza Bone, etc.

To register a trademark, it is essential to first ascertain whether it is capable of registration. The trademark should neither mislead the consumers about a product nor should it resemble some other trademark.

The process of registering a trademark in Australia is quite simple. But, before applying for the same, it is essential to ensure it does not come under the purview of banned trademarks under the Trademarks Act 1995. As per the guidelines of this Act and several other legislations, there are certain words, not supposed to be used as trademarks. The 'TM Headstart' gives an online assessment of the strength of the trademark, and its possibility of being registered.

There are Intellectual Property Consultants who assist with the registering of a particular trademark. The process of registration can be done online by applying on the Standard Trademark e-form application available on the official Australia Trademarks website. Besides this, there are paper applications available from state offices.

An application for registration must include details like, the description of the product or services for which the trademark has been created. A proper representation of the trademark is the most essential detail.

To assist in the application of trademarks, the Australian Government provides Trademarks Application Kit. These can be of great assistance in certain tasks like translating certain details of the mark in the official language.

Once the mark is accepted for registration, it is published in the Official Journal for Trademarks. If there is no successful objection to the advertised trademark for the next three months, the mark is registered. A specific amount has to be paid as fees for the final registration.

The Australian trademarks are granted for ten years, from the date of the filing of the application. After the expiration of the term, it can be further extended by another application. Every renewal is granted for a period of ten years only.