Filing Requirements | Trade Marks | Australia


Types of Applications

In Australia we have the following types of trade mark applications:

– National Application | Filing Requirements |

– National Application Claiming Convention Priority from a Foreign Application | Filing Requirements |

– An International Trademark under the Madrid Protocol | Filing Requirements |


Minimum Filing Requirements

The following information and documents are the minimum items that we require in order for us to prepare and file the relevant trade mark application.


National Application

Applicants Details

The full legal name and address of each person, company or other legal entity in whose name the application is to be made.


If applicable please provide the Australian company number (ACN), or the Australian registered body number (ARBN), for any company that is an applicant.


In the case of an applicant that is a foreign legal entity we will require the name of the country and or the state under whose laws the legal entity was created by incorporation or other.


Trade Mark Details

Full details of the trademark that is to be filed preferably with a clear digital copy of the trade mark exactly as it is to be filed without any extraneous material that is not part of the trade mark.


Artwork specification

– Preferably the digital copy of the trade mark is to be provided as digital high resolution 'jpeg' image file with minimum size 277 by 227 pixels.

– If the final image size is greater than 8 cm x 8 cm then a filing surcharge may apply if we cannot reduce the image size o less than 8 cm x 8 cm.

– If the trade mark is a plain word mark without any artwork then trade mark is to be provided as digital text exactly as it is to be filed.


Translation/Transliteration

If the mark contains non English words and or foreign (non roman) characters then an English translation of the foreign words or the transliteration of the foreign non roman characters must be provided.


Specification of Goods and Services

A description of the goods and/or services preferably provided in accordance with the international classification of goods and services.


Alternatively we can assist you formulate a specification of goods and/or services for your approval.


Power of Attorney

An executed power of attorney is not required.


National Application Claiming Priority from a Foreign Application

The same requirements as detailed for a National Application as provided above.


Time Limits

The time limit to file the application and claim priority from a corresponding eligible foreign application is +6 months from filing date of the first corresponding eligible foreign application.


Foreign Priority Details

The filing date, application number, and country where the foreign application was filed.


Power of Attorney

An executed power of attorney is not required.


Madrid Protocol Application

The applicant must have an existing application for registration of a trade mark or a registered trade mark within Australia.


Basic Mark Details

The trade mark number for the Australian trademark application or registration upon which the Madrid protocol application will be based.


Eligibility to File

In order to be eligible, that is to have ‘entitlement to file', you must be one of the following:

– An Australian National

– An Australian Resident

– Someone Who Owns a Real and Effective Industrial or Commercial Establishment in Australia (a Person or Organisation with a Business Premises in Australia).


When the application is filed by more than one applicant, each applicant must satisfy at least one of the above requirements.


sampa    k & co


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An International IP Practice

   


Intellectual Property Lawyers \ Patent & Trade Mark Attorneys


King George Chambers, Suite 415, 375 George St. Sydney NSW 2000 Australia

T +61 2 9299 7731 F + 61 2 9299 3589 office@spco com. au www.spco.com.au skype spcoip ABN 91 028 892 863

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