Amazon Australia is now open, more and more sellers have been invited by Amazon. If the seller want to do a good job in Amazon, no matter which site, seller had better to adhere to the brand way. let's take a look at the Australian trademark knowledge, hoping to help everyone.
Australian Trademark Summary
1. As one of the British Commonwealth country, Australia trademark legal system adheres to English law, and is influenced by the British trademark law, obviously with the imprint of the British trademark legal system.
With the revision of the UK trademark Law, Australia also amended its earliest promulgation of the 1955 Commercial Law in 1994. In 1995, Australia once again amended the Trademark Law. The Trademark Law of 1995 came into force on January 1, 1996, while the Trademark Law of 1955 and the Trademark Law of 1994 were repealed.
2. Australia is currently using the principle of prior registration, and also take the trademark using order into consideration.
3. Australia accepts the application for registration of trade marks, service marks, serial marks, certification marks, collective marks, defensive marks, color combination marks, stereo marks, scent marks and sound marks.
4. Australia adopted the International classification of goods and services for trademark registration.
The applicant qualifications
1.The person who are using or intend to use the trademark in a certain kind of goods or services.
2.The person who has authorized or intends to authorize others to use trademarks.
Application documents required
①. name and address of the applicant
②. the application for goods or services
③. trademark image design
④. copy of the applicant's identity card
Details of the registration process
Australia is also experience the application process: submitted – review- announcement – certification stage
Australian trademark reviews are divided into absolute reason review and relative reason review. According to article 39 of the Trademark Law, trademark includes the following marks shall not be registered:
(1)cite a part of the article or paragraph;
(2) a trademark which is not distinctive shall not be registered;
(3) The trademark may not be registered can not be registered if the source of goods and services can't be distinguished;
(4) the registration may not violate the law or obtain malicious conduct;
(5) the trademark is confused, misidentified or deceptive may not be registered;
(6) the trademark is identical or similar to another's trademark may not be registered.
Relative reason review: The same or similar prior trademark review will be conducted on the same or similar goods.
After submitting the application to enter the official review process. Generally 6 months from the date of application, the official will issue the first examination submissions. If the official still has the second or third examination opinion, it must be issued within one month after the applicant replies to the previous examination opinion.
The trademark registration application stipulate that the correction procedure should be completed within 15 months from the date of official delivered the first review comment, to be eligible for registration conditions. You can apply for an extension if you fail to complete the correction before the official deadline.
By reviewing the trademark applications that have been accepted for registration, the official will arrange for the trademark to be published in the official "Trademark Notice," and the registration fee must also be paid for the six-month period.
Official receipt time is 5-10 working days
registration time required 10 months
Trademark opposition period is 3 months
Not used continuously canceled is 3 years
Official language is English
Australian trademark is valid for 10 years from the date of registration.
Renewal of Australian Trademarks:
Every renewal is valid for 10 years. one year before the valid time of trademark register, you can apply for renewal, you can also apply for renewa in the expiration of 1 year after the expiration of the proposed period.