Although Intellectual Property Law in Australia protects you from someone stealing your trademark, it only does so if your trademark has been properly registered.
If you want to get it right the first time, its best to get legal advice from an intellectual property lawyer who deals with trademarks on a daily basis.
How do you register your trademark in Australia?
Firstly, you can get a lawyer to advise you and they can apply for a trademark on your behalf. Another way is the TM Headstart process where you can file for a trademark yourself, so we thought we’d cover some key things about this process.
This service gives you an assessment of your trademark to see if it would face any problems before you publicly file.
The filing process
The TM (trademark) Headstart application is probably the easiest way to apply for trademark if you’re not too sure of how the process works.
Your trademark won’t be published in to the system until you are certain you want to complete your application, allowing the process to remain confidential.
How to complete the TM Headstart process
The first step to registering your trademark is completing an online form, which you can access here.
When you’ve finished filling out the form, you will be contacted by one of the Intellectual Property Board’s examiners with your results from the form within five days. This examiner will help you to meet any legal requirements you need to meet when registering your trademark. They will also give you some more information about the registration process.
If your request is approved, you can continue with your application or make any required changes. At this point, you will need to pay the trademark fee within five days.
Once your fee is paid, your trademark will be given a filing date.
Differences between a TM Headstart and other trademarks
If you file for a standard trademark instead of a TM Headstart, your trademark will be published publicly shortly after filing your application. This means that you don’t have a lot of scope for making any changes. That’s why it may be a benefit to file for a TM Headstart if you are filing for the first time, as it allows you to make any changes.
Get Intellectual Property Law Help Now!
Ask a free legal question in the Intellectual Property Law Forum.
Get legal advice from an Australian Intellectual Property Lawyer near you.