Jurisdictions

Oceania

 

Classification

Nice classification (11th edition)

WIPO-Administered Treaties

Paris Convention, Berne Convention, Madrid Protocol, PCT Patent Cooperation Treaty, Nice Agreement

Multiclass applications

Applicable

Priority claiming

Applicable

Opposition period

2 months

Protection period

10 years of the filing date

Trademark Registration Time Frame

9-18 months

Trademark Grace Period

6 months with penalty

Renewal term

10 years

Use

Vulnerable to cancellation if the trademark has not been used for 3 consecutive years, the cancellation is possible five years after the registration of the trademark

 

Required Documents for filing a trademark application:
- No POA is required to file the applications.
- Copy of priority document if priority is claimed.
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.

Trademark registration procedure:
Once a trademark application is filed, the trademark is examined as to procedural examination and examination for absolute grounds for refusal. If the trademark is accepted, it will then be published in the Australian official journal of trademarks for a period of 2 months. During the publication period any third party can oppose the application. If the opposition period lapsed with no oppositions, the trademark will be registered after paying the registration fees, trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years.