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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Comprehensive Trademark Study
Planning to file a trademark in Australia? Don't risk wasting time and money on a registration that won't go through. Our Comprehensive Trademark Study helps you identify potential issues before you file, including conflicting trademarks and registrability issues. Our expert trademark attorneys provide an opinion on the registration possibilities of your trademark, giving you the confidence you need to move forward with your application.
Identify Potential Conflicts Before Filing Your Trademark
Expert Guidance to Avoid Costly Legal Disputes
Streamline Your Trademark Registration Process
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Step 2 - Trademark Application Filing
Our team of trademark attorneys will handle the entire process of filing your trademark application in Australia, ensuring that all necessary formalities are completed for the approval and final registration of your trademark. We'll keep you informed every step of the way, starting with a filing report that includes your application number and date of submission, as well as a scanned copy of your application. You can be confident that your application will be processed quickly and accurately.
Experienced Trademark Attorneys for Your Application
Filing Report and Scanned Copy of Trademark Application
Online Tracking of Trademark Registration Status
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our team will handle all the formalities necessary to obtain your trademark registration certificate in Australia, ensuring the process is completed smoothly and efficiently. Once the certificate is issued, we'll send it to your address along with a report that includes your registration number. We'll also monitor and notify you of any important dates related to your registration to ensure that your trademark remains in good standing.
Experienced Trademark Attorneys Assistance
Delivery of Registration Certificate and Report
Monitoring and Notification of Important Dates
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Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

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If I register my trademark in Australia, do I have protection in other territories?

Yes, your trademark will be valid in Australia and other territories like Christmas Island, the Norfolk Island and Cocos Keeling Islands.

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Do I need to sign a Power of Attorney?

No, for filing your Trademark in Australia, you do not need to provide a Power of Attorney. 

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Are there any benefits from using a trademark before registering it?

Yes. In Australia, the first to use a mark or the first to file for registration, whichever is earlier, is the authorized and legal owner of the trademark. More so, common law rights are acquired through use of a mark.

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What types of trademarks can be registered in Australia?

You may register the following types of trademark: words, names, colors, devices, slogans, certain three-dimensional shapes, sounds, scents, hologram, motion, trade dress, taste, and touch.

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What are the phases of application after a trademark has been filed in Australia?

After we have filed your trademark application, the Trademark Office will examine the documents. Several elements will be reviewed such as descriptiveness, distinctiveness, and conflicts with other previous registrations. If any problem is discovered, a notification will be sent to us and we will have to reply to it. After the examination phase, a publication period will be the next step. In this phase, third parties can oppose or contest your trademark registration. In case there are no objections from other companies, then that is the time your trademark will be registered.  

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How long is the opposition period?

Two months from the date of publication.

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Is there any possibility to claim priority in Australia?

Yes, if your home country is a member of the Paris Convention.  If the home application date was filed within 6 months preceding the application in this jurisdiction, it can be claimed as the filing date.

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What do I need to do to satisfy the use requirement?

A genuine single sale or one commercial use within the three-year period is sufficient to defeat a non-use complaint.

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Once my trademark has been registered, for how many years will be valid?

Your trademark validity will last for 10 years, from the filing date.

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Does having a registered trademark in Australia give me any right?

No, it is not required to register a trademark in order to establish right. The "First to Use" jurisdiction gives the person that uses first the trademark full rights over it even if he has not filed for registration.

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Is there any need to use my trademark before I apply for registration?

No, we can file it for you as “Intent to Use”. On the other hand, if you are already using your trademark, we will file it as "actual use."

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Who can oppose my trademark application?

Anyone has the right to initiate an opposition.

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Is it possible to cancel a trademark registration in Australia?

Yes, it is on the basis of: 

  • Propriety rights;
  • The mark is descriptive;
  • The mark is not distinctive;
  • The mark is deceptive, misleading or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • Rights under Article 6ter of the Paris Convention (protection of State emblems such as flags, armorial bearings, etc.);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is against public policy or principles of morality;
  • The mark is contrary to law (including breach of registered design rights).
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Are there any rights established by having a registered trademark?

Trademark registration provide the following rights:

  • Exclusive rights to use the registered trademark;
  • The right to file for an infringement case against third-parties that use confusingly similar marks;
  • The right to request for seizure by customs authorities for importation of counterfeit goods.
Basic Concepts
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
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What does it mean to file a trademark with a Claim of Priority?

A Claim of Priority, often referred to as Convention Priority, is a provision outlined in the Paris Convention. This provision enables applicants to seek trademark protection in any member nation within six months from their first filing, all while maintaining the initial application date. This mechanism provides applicants with a priority advantage for registering their trademark in all member countries of the Paris Union, streamlining the process of securing international trademark protection.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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