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.
- 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.
Trade Mark Details
- 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.
Goods and Services Details
- 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.
Power of Attorney
- An executed power of attorney is not required.
The same filing requirements as a National Application as provided above apply, plus:
Filing Time Limits
- 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.
Foreign Priority Details
- The filing date, application number, and country where the foreign application was filed.
Madrid Registration designating Australia
The applicant must have an existing application or registration in Australia on which to base the Madrdid application.
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 to file the applicant or each joint applicant must have at least one of the following connections with Australia:
- 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.
- When the application is filed by more than one applicant, each applicant must satisfy at least one of the above requirements.