Stage 1: Search
- Before lodging your Trade Mark Application it is prudent to conduct a trade mark clearance search to determine whether your trade mark is available for registration.
- We offer 3 types of trade mark clearance searches, depending on your business requirements and budget:
Stage 2: Lodgement
- Your Trade Mark Application is lodged by 1 of our trade mark attorneys.
- You will receive a Notice of Filing from IP Australia confirming that it has received your Trade Mark Application.
Stage 3: Examination
- Your Trade Mark Application is examined by IP Australia.
- IP Australia will issue an examination in around 13-21 weeks (or longer depending on its current backlog of applications).
- Expedited Trade Mark Application can reduce examinations time by 9-13 weeks.
- If the Trade Mark Examiner considers that there are reasons why the Trade Mark Application should not be registered, if any amendments to the Trade Mark Application are required, an Adverse Examination Report describing the examiner’s concerns will be issued.
- If you receive an Adverse Examination Report, we will provide you with a report outlining the available options to overcome the objections raised by IP Australia.
Stage 4: Acceptance
- If the Trade Mark Examiner raises no objections to your Trade Mark Application (or once the problems with the Trade Mark Application have been resolved), the Trade Mark Application is accepted.
- Trade Mark Application will now be advertised in the Trade Mark Register for 2 months.
- For 2 months after the advertisement date, anyone may oppose registration of the Trade Mark.
Stage 5: Registration
- If no opposition is filed (or the opposition is unsuccessful) within 2.5 months (to allow for international applications) the Trade Mark will be registered.
- A Certificate of Registration will be issued (usually 2 weeks after the registration date).
Stage 6: Renewal
- Trade Mark is due for renewal.
- Renewal due every 10 years