A trade mark clearance search (basic) will comprise the following:
- Search of pending and registered trade marks in Australia (word search only).
- A trade mark clearance report containing a preliminary opinion as to whether your proposed trade mark application is registerable in Australia, including highlighting any obstacles to registration.
- A trade mark clearance report will be dispatched to you within 5 business days of payment being received. If the trade mark clearance report indicates that your trade mark application is likely to be accepted for registration, then we may prepare and file your trade mark application with the Australian Trade Mark Office.
We highly recommend conducting a trade mark clearance search before proceeding to a trade mark application. See FAQ for more information on the importance of a trade mark clearance search.
A trade mark clearance search (comprehensive) will comprise the following:
- Search of pending and registered trade marks in Australia (word search only), domain name register and company name and business name registers in Australia.
- A trade mark clearance report containing a preliminary opinion as to whether your proposed trade mark application is registerable in Australia, including highlighting any obstacles to registration and preliminary opinion whether the proposed trade mark will infringe a third party’s intellectual property rights.
- A trade mark clearance report will be dispatched to you within 7 business days. If the trade mark clearance report indicates that your trade mark application is likely to be accepted for registration, then we may prepare and file your trade mark application with the Australian Trade Mark Office.
We highly recommend conducting a trade mark clearance search (comprehensive) before you engage us to prepare and file your trade mark application. See FAQ for more information on the importance of a trade mark clearance search.
- Search of registered trade marks in Australia, New Zealand, European Union, United States, Canada and Singapore.
- A trade mark clearance report containing a preliminary opinion as to whether your proposed trade mark is registerable in Australia, New Zealand, European Union, United States, Canada and Singapore, including highlighting any obstacles to registration.
- A trade mark clearance report will be dispatched to you within 7 business days of payment being received. If the trade mark clearance report indicates that your trade mark application is likely to be accepted for registration in these jurisdictions, then you then need to consider either applying for:
- separate national trade mark applications; or
- an international trade mark application (Madrid Protocol application).
See FAQ for more information on international trade mark applications.
We highly recommend conducting an international trade mark clearance search before applying for international trade mark registration.
- Preparing and filing of an Australian trade mark application with the Australian Trade Marks Office.
- Your trade mark application will be prepared by a trade mark attorney.
- The trade mark application will be lodged within 3-5 business days of payment being received.
- You are required to nominate which goods or services you want trade mark protection for (goods and services are divided into 45 classes of goods and services).
- The cost of your trade mark will depend on how many classes you select in your trade mark application – government fees are $330 per class.
- The Australian Trade Marks Office will examine your trade mark application in around 13 weeks after it is lodged. Do you want your trade mark application expedited? See Expedited Applications.
- No professional advice is given if you apply for a trade mark without a clearance search. If you are unsure whether your trade mark application will be accepted for registration, we recommend ordering a trade mark clearance search.
- An Australian trade mark does not protect your brand in overseas jurisdictions. To obtain international trade mark registration, you can either lodge separate national trade mark applications or an international trade mark application (Madrid Protocol application). See FAQ for more information on international trade mark applications.
- The cost of an international trade mark application will depend on whether:
- you make separate national trade mark applications or a single Madrid Protocol application;
- the number of countries nominated in your trade mark application; and
- how many goods or services you select for your trade mark applications.
- Our professional fees relate only the initial trade mark application process and do not apply to any requisition reports received from an overseas trade mark examiner. Government fees vary between jurisdictions.
- We have a network of overseas trade mark attorneys who will assist us to overcome any objections or oppositions to your international trade mark applications.
- The Australian Trade Marks Office will examine your trade mark application in around 13 weeks after it is lodged.
- If waiting for your trade mark application to be examined by the Australian Trade Marks Office is detrimental to your business, you can speed up the examination process by expediting your trade mark application.
- If an expedited application is successful, the waiting time to receive a response from the Australian Trade Marks Office will be reduced by 3-5 weeks.
See FAQ for more information on the trade mark process.
- Once your trade mark is registered, it is your responsibility to monitor and protect your trade mark rights. Protect your valuable trade mark portfolio by monitoring attempts by third parties to register marks ‘substantially identical or confusing similar ‘marks to your registered trade mark.
- Trade Mark Direct offer a trade mark monitoring and surveillance service designed to detect pending trade mark applications that are confusingly similar to your registered trade marks.
- A trade mark monitoring and surveillance report is dispatched on monthly basis so that the registered trade mark owner can oppose a third party’s pending trade mark application that conflicts with your pre-existing registered trade mark.
- Please contact us and we can provide you with a tailored quote.