- Are you are looking for the best trademark registration online?
- Be sure that you do so with credible, reliable online trademark registration services.
- You can register your trademark online using IP Australia’s eServices.
- Through eServices you can apply for the following – A standard application and a TM Headstart, which can determine the eligibility of your intended mark before you file your official trademark electronic application.
- The article below has loads of electronic filing tips when completing your trademark registration online.
Trademark Registration Online
There are a number of trademark eligibility requirements to online trademark registration that your trademark must meet before you file your online application. Your mark must be distinguishable, meaning that it does not consist of generic or merely descriptive signs; unique, meaning that your mark cannot be similar to others; and appropriate, meaning that it does not consist of any forbidden signs specified by Australian trademark law.
Trademark registration online is much like filing a physical application. Your application must include:
- Your name and contact details
- A detailed description of your mark
- A list of the relevant goods and services classes
- A description of the goods and services that you provide
- A translation, should elements of your mark be in a language other than English
- A government fee
Determining Trademark Registration Eligibility
Trademark registration online requires you to fulfil certain eligibility conditions. To begin with, you must be:
- An individual
- A company
- An incorporated association
- Some combination of the above
You cannot use your business or trading name in your application. You, as the owner of the business, must enter your own name in the application. If your mark is instead owned by a corporation, your application will be filed in the corporation’s name, not the names of any directors or shareholders. If your mark belongs to a trust, you must apply in the name of any trustees. As an association, you can apply or a collective trademark.
You can perform a trademark search before you file your application in order to determine whether your mark is still available for use. This search will identify marks that are identical or similar to your own. A trademark search will ensure that you do not infringe on the rights of other trademark holders.
Trademark registration online, just like all registration, requires your mark to be, in essence, unique and distinguishable from other marks within the marketplace. Your trademark cannot consist solely of:
- Descriptive words (those that describe a quality or intended purpose of the product or service)
- Common surnames or geographical names (common surnames are those that occur more than 500 times on Australian registers)
- Elements that conflict with existing marks
- Elements that would mislead consumers about the nature of your goods and services
Common Trademark Elements
There are a number of common marks associated with particular goods and services. These include:
- Descriptive words, such as MANGO for body wash, COOL for air conditioners, or PLUSH for carpets.
- Common or trendy words or phrases such as GREEN for eco-friendly products
- Common surnames, which are surnames that occur more than 500 times on Australian registers
- Common geographical names, in particular the names of areas that are associated with your types of goods and services, such as BAROSSA VALLEY for wine
- Abbreviations, acronyms, numbers, or letters that are associated with your types of goods and services, such as XL for plus-size clothing
- Generic or descriptive pictures of your types of goods, such as an image of a dog on dog treats
You can combine these common elements with unique elements to create a registrable trademark. For example, you might combine an image of a dog with the mark HAPPY DOG for your product of dog treats.
Ultimately, the success of your trademark registration online will be determined by an IP Australia professional. Your best bet is to design a unique, identifiable mark that does not consist of common elements, and does not conflict with existing marks.
Online Trademark Registration Services
There are a number of steps to take in trademark registration online and offline. You should conduct a comprehensive trademark search before you even consider filing a trademark application, to protect yourself from cases of infringement or from wasting money filing an unsuitable application.
Once you have determined whether or not your mark is suitable for registration, you can file your trademark application online through IP Australia. You should ensure that you have completed your application correctly to prevent unexpected delays or setbacks.
Once your application has been filed, it will be assessed by an IP Australia examiner to determine its suitability. If the examiner finds no issue with your application, you will receive a ‘notice of acceptance’ and your trademark will be published in the Official Journal of Trademarks.
Once your mark has been published, you will undergo a three-month period of opposition. If no other parties oppose your application during this time, your mark will be formally registered with IP Australia and you will receive your certificate of registration on payment of a final fee.
The entire registration process can take up to nine months. Registering online can be tricky, particularly if you are applying for the first time or if you come up against issue with your application, such as incorrect filing or an infringement claim.
A trademark professional can assist you throughout the entirety of the online application process. At Quick Off the Mark, we can offer you a range of trademark services at low or no cost. Contact us on our website for further enquiries.
Quick Off the Mark® is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.
In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.
Disclaimer – The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.