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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 - Trademark Comprehensive Study
Before filing your trademark in the Australia, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorney's Analysis & Advice
Step 2 - Trademark Registration Request
Specialized attorneys file your Trademark Application in the Australia and carry out all the necessary formalities to bring your application before the Australia Trademark Office for approval and registration. As soon as your trademark is filed, we send you a filing report that includes an application number and date, plus a scanned copy of the filed trademark application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in the Australia. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in the Australia.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
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 Frequently Asked Questions
Trademark Registration
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.

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.

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. 

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.

Will there be problems in case I don’t use my trademark after registration?

Yes, third-parties may attack you legally on the grounds of non-use. Avoid this by using your registered trademark within 3 years. Take note also that formal application for cancellation of trademark due to non-use cannot be filed until 5 years have already passed from registration date.

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.

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.  

How long is the opposition period?

Two months from the date of publication.

What type of trademarks are not registrable?
  • Generic terms;
  • Names, symbols, flags or of states, regions, nations, or of international organizations;
  • Any marks or signs that are contrary to Australia’s moral standards and/or public order;
  • Sufficient evidence that you are exclusively using the mark in Australia prior to date of application.;
  • Non-distinctive trademarks;
  • Marks that function primarily as surnames. You can have it registered as long as you can demonstrate that it has capability of becoming distinct;
  • Marks that function primarily as geographical names or locations. It can be registered as long as you can demonstrate its capability of becoming distinct.
Does Australia use the "Nice Classification" system?

Yes, Australia does use the "Nice Classification". You can check your trademark class by visiting our Trademark Class Search tool.

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.

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.

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.

What will be the renewal date of my trademark?

Every 10 years.

Is it legal to use my trademark even if it is not yet registered?

Yes, it is legal to use an unregistered trademark for any goods or services.

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.

What is the website of the national trademark office?

You may visit the following website for more information:

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."

Can a Trademark Application be opposed?

Yes, it can. Here are some grounds for opposition:

  • Proprietary rights;
  • Conflict in registration, another company has registered the trademark at an earlier date;
  • The mark is too descriptive;
  • The mark is not distinctive enough;
  • The mark is misleading, deceptive or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Well-known mark, rights under Article 6bis of the Paris Convention;
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags and other State emblems);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is scandalous, against public policy or principles of morality.
Who can oppose my trademark application?

Anyone has the right to initiate an opposition.

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).
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.
Is Australia a member of the Madrid System?

Yes. Australia has been a member of the Madrid System since July 2001.

Do I need to present periodic statement of use

No. Australia trademark law does not require it.

When should I renew my trademark?

Within 12 months prior to expiration date.

What will be the renewal date of my trademark?

Every 10 years from the filing date.

Is there any documentation that should be presented when renewing a trademark?

No documentation is required.

If my trademark expires, do I have a grace period?

A grace period of 6 months is provided but you have to pay additional fees.

Basic Concepts
What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.


Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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.

Trademark Search
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 comprehensive 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.

Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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 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 completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive 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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