Trademarks need to be filed in one or more of 45 classes of products or services. We can advise you which classes are appropriate and we will also provide a suitable description for your goods and services if you choose to engage our services.
Generally, the first step is to conduct a trademark search to see if your mark has been registered as a trademark by someone else. If it’s given the all clear, then we can proceed with filing the trademark application.
Once filed, a trademark undergoes examination at IP Australia (the Australian patent & trademark office) and if all a goes well, it is accepted. After acceptance there is 2-month "opposition" period during which third parties can object to or oppose your trademark, but this does not happen regularly. The trademark is registered following the two-month opposition period if it has not been opposed.
If the trademark examination process highlights prior marks that the trademark examiner thinks is relevant then we will work with you in coming up with arguments to overcome these objections as far as possible. This is usually done at extra cost but happens quite seldomly because we do very thorough trademark searches.