Examination

Every Australian Trade Mark application lodged is examined usually within 3-4 months of lodgment. Expedited examination can be requested if there are available grounds for expedited examination in which case the application will be examined within 3-4 weeks.

The Examiners at the Trade Mark Office effectively examine the trade mark application to determine:-
  1. The trademark is not similar to another trademark already on the Trade Mark Register or applied for in respect the same or similar goods and services
  2. The trademark is not descriptive of the goods or services applied for and is not a word or combination of words other traders would legitimately wish to use to describe or refer to their similar goods or services
  3. The trade mark is not a common surname or geographical location
  4. The application has been filed in the correct class for the correct goods and services
  5. The applicant has the requisite standing to apply

Trade Mark Examiners apply regulatory, legal and registrability guidelines and if the logo or name meets those requirements, they will accept the Trade Mark and advertise it in the Australian Journal of Trade Marks for a two month period of opposition.

The Trade Mark is then open for opposition and objections which have to be lodged within 2 months from the date of advertised acceptance. If there are no objections or oppositions, the Trade Mark Office will register the trade mark upon payment of registration fees.

Maxwells will manage the whole trademark registration process in consultation with you and will advise you on the best route to Trade Mark registration.