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A Guide to Trademark Registration in Australia.
Application and registration of trademarks.
1 In the case of a declaration of priority, the applicant must make a formal declaration at the time of filing the application or within two working days after filing the application, and provide the name of the country in which the previous application is located, the filing date and the application number. A priority date may be granted to the part of the application filed in Australia that relates to goods or services that extend beyond the scope of the home country. In general, no documents are required for a priority claim, but the Australian Trade Marks Office may require the applicant to provide a certified copy of the earlier application in their home country and their English translation.
2 Appoint an Australian lawyer** to apply for trademark registration without signing a power of attorney.
3 A trademark application can be filed in more than one class. The items of goods and services used in the trademark shall be filled in in accordance with the specific internationally accepted specifications for the names of goods or services, and the names of major classes or unclear descriptions shall not be used.
4 A trademark application can be divided after filing, and the filing date of the division is the same as the original filing date. Within 6 months from the filing date, before the original application is accepted for registration, the applicant may re-apply for registration of a part of the original trademark, and the designated goods or services may be all or part of the original trademark. If the trademark in the application for division is the same as the original application, it is possible to file a division application for a specified part of the goods or services before the trademark is published.
If the trademark has not changed, but the designated goods or services are excluded from the original application, the application for division filed before the publication of the trademark must be filed within one month of the decision to exclude the goods; If the application for division is submitted after the announcement, it must be submitted within one month before the original application is registered, and the decision to exclude the goods is made.
2. Apply for goods or services.
3. Trademark drawings.
4. A copy of the applicant's identity certificate.
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1. It takes time to register a trademark in Australia.
2. Documents or information required for the registration of Australian trademarks:
1. The applicant's name, address and trademark registration address.
2. Clear trademark drawings.
3. Apply for goods or services.
4. If the registered trademark is not in English, an English translation must be attached.
5. Priority documents, such as applying for priority registration.
6. A detailed list of the products or services to be registered and the class to be registered.
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1. Name and address of the enterprise (in Chinese and English);
2. Information such as the international classification of goods and services and the list of goods and services designated for use;
3. A copy of the business license;
4. 5 copies of trademark drawings, which are required to be clear and paper. If it is a color trademark, 1 black and white draft and 5 color drafts need to be submitted; The size shall not be less than 5cm 5cm, and the maximum shall not exceed 10cm 20cm;
5. If the coarse base shield has been used, the earliest date of use of the front file in the registered area of Iwazhou shall be provided at the time of application.
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2. The applicant applying for trademark registration in Australia needs to list the goods or services involved in the trademark registration in detail and specify the class;
3. The applicant who applies for trademark registration in Australia needs to provide a clear representation of the trademark to be registered;
4. The applicant applying for trademark registration in Australia needs to provide the applicant's supporting documents, and if the application for registration is made by an individual, a copy of the ID card or passport is required. If it is an enterprise legal person, a copy of the copy of the business license of the enterprise needs to be provided;
5. If the trademark registration is not in English, the applicant needs to provide an English translation.
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The materials required to apply for trademark registration in Australia Since you want to register in Australia, you should definitely go to the place where you want to register Zheng Shuchong to consult, what materials are needed.
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What information do I need to register an Australian trademark?
1.Trademark words or representations.
2.Category of goods or services.
3.The information of the applicant (a copy of the ID card in the name of the individual, and the name of the company is the company's business loss judgment and cancellation and verification).
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Documents or information required for trademark registration: 1) Name, address and registered place of the applicant (if the applicant is a company).
2) Six copies of the trademark pattern (if it is not a pattern, only one hundred copies are needed).
3) A detailed list of the products or services to be registered with the trademark to be registered, and the classes to be registered.
4) If the trademark to be registered is not in English, an English translation must be attached.
5. Priority documents, such as applying for priority registration.
6) The application documents do not need to be notarized.
7) It is not necessary to provide a sample of the use of the trademark.
The Intellectual Property Office starts the examination about 10 weeks after the filing of the application, and the examination is approved and the preliminary examination announcement is carried out. Within 3 months from the date of the announcement of the preliminary examination, a proposal may be raised. If there is no opposition or the opposition is rejected, the application will be approved for registration and the date of the original application will be the date of commencement of the right.
Usually, it takes 12-20 months to renew the registration.
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2. Provide a letter of attorney for the application for trademark registration in Australia;
3. It is necessary to provide two copies of the black and white trademark pattern of the ten regiments, and the trademark mark pattern is not more than 5 square centimeters.
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Information required for trademark registration in Australia.
Trademark registration application authorization letter;
12 black-and-white trademark designs; The trademark pattern is not more than 5 square centimeters;
a detailed list of the products or services of Chongyou with the registered trademark, and the classes of registration; (The application documents do not need to be publicly dispersed).
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Trademark registration process in Australia (smooth situation):
1. Formal examination: After the application is submitted, the legality review of the submitted application documents, trademark drawings, power of attorney and other documents shall be conducted; If the requirements are met, the filing date and application number will be granted.
2. Search report: The Bureau of Internal Cooperation conducts its own search and issues a search report on the Australian trademark registered or applied for by itself, and issues a search report. The applicant will receive the above-mentioned search report before the trademark is approved for publication and decide whether to arrange for the trademark publication.
3. Substantive examination: When examining an Australian trademark application, the Office of Internal Cooperation only examines its registrability (i.e., distinctiveness), also known as absolute grounds, and does not examine relative grounds, that is, it will not cite prior rights to reject the application.
4. Announcement: After examination, the examiner considers that the trademark application can be accepted, and then publishes an announcement in the official Australian Trade Mark Gazette. The opposition period is 3 months from the date of publication.
5. Registration approval: Trademarks that have been ruled to be registered after opposition, or trademarks that have no objection after announcement, will be approved for registration and issued a registration certificate. The entire smooth application process (if there is no rejection, opposition, etc.) takes about 9-15 months.
If it goes well, you will get the trademark certificate in about 12 months, and you need to provide a copy of the license, official seal, application, standard sample, confirmation form, etc.
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