Australia | Filing Requirements | Trade Marks
The minimum filing requirements that need to be satisfied before an application is accepted as being validly filed and is given a national filing date and number is as follows.
- National Application
- Convention Application
- Madrid Registration designating Australia
- the full legal name and address of each person, company or other legal entity in whose name the application is to be made;
- the Australian company number (ACN), or the australian registered body number (ARBN), if relevant 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.
- a clear digital copy of the mark exactly as it is to be filed without any extraneous material that is not part of the trade mark;
- if the trade mark is not plain text but artwork then the trade mark is to be provided as a high resolution 'jpeg' image file with minimum size 277 by 227 pixels;
- 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.
- if the mark contains non English words and or foreign (non roman) characters, then an English translation of the foreign words or characters must be provided with the trade mark.
- a description of the goods and/or services preferably provided in accordance with the international classification of goods and services;
- alternatively we can formulate a specification of goods and/or services based on your description for your approval properly classified as required.
- An executed power of attorney is not required.
- the same filing requirements as a National Application as provided above apply, plus:
- the convention time limit to file an application and validly claim priority from an eligible first application is +6 months from the filing date of the first application.
- the filing date, application number, and country where the foreign application was filed.
- the applicant must have an existing application or registration in Australia on which to base the Madrdid application.
- the trade mark number for the Australian trademark application or registration upon which the Madrid protocol application will be based.
- in order to be eligible to file the applicant or each joint applicant must have at least one of the following connections with Australia:
Trade Mark Details
Goods and Services Details
Power of Attorney
Filing Time Limits
Foreign Priority Details
Madrid Registration designating Australia
Basic Mark Details
Eligibility to File
- an Australian national;
- an Australian resident;
- own a real and effective industrial or commercial establishment in Australia, eg a person or organisation with a business premises in Australia.