Intellectual property is a term often used to refer generically to property rights created through intellectual and/or discovery efforts.

It is a misconception that your registration of a business or company name will give you a proprietary right with respect to that name.

There are numerous steps that need to be taken for a trade mark to become registered.

What is the trade mark registration procedure?

Set out below is the procedure for trade mark registration in Australia:

We will perform an exhaustive trade mark search with respect to your trade mark to determine whether any deceptively similar trade marks, business names or companies exist which may be obstacles to trade mark registration or assert trade mark infringement against you in the future. If we determine that the trade mark is available for your use, we draft the trade mark application on your behalf.

Having resolved any issues under the step above, a trade mark application is lodged with IP Australia. IP Australia is the Federal Government Department responsible for the administration of trade marks.

Once we have lodged the trade mark application with IP Australia, a priority date and application number is allocated to the trade mark application. The priority date is the date that the trade mark is taken to be registered from.

The trade mark application is then examined by the Trade Marks Examiner who determines whether or not the trade mark is acceptable for the purpose of registration under the Trade Marks Act 1995. If there are any problems with the trade mark application, such as a similar registered trade mark existing on the Trade Marks Register, an adverse report will be issued by the Trade Marks Examiner. You are then given an opportunity to respond to the report, or alter the trade mark application as may be necessary.

If there are no difficulties with respect to the trade mark application, or once the difficulties have been resolved, the trade mark will be accepted by the Trade Marks Examiner for registration.

Upon acceptance for registration, the trade mark is advertised in the Official Journal of Trade Marks. From the day of publication, a three-month opposition period commences. During that time, other traders can oppose the registration of the trade mark on a limited number of grounds.

Assuming that no opposition is made during the three-month opposition period, the trade mark will be entered on to the Trade Mark Register for a period of ten years (subject to your payment of the registration fee). If another trader opposes registration of the trade mark, you are given an opportunity to respond. This process may ultimately be determined by a Trade Mark Registrar at a Hearing.

“Vision is the art of seeing the invisible.”