What is a Trademark?

A trademark is a sign used in the course of trade to distinguish goods or services.

Why do I need to register my Trademark?

Registration gives you an exclusive right to use the trademark and to authorize the use of the trademark under section 22 of the Trademark Act.

Can I register my Trademark?

Section 33 of the Trademark Act establishes a presumption of registrability. You can apply for registration of your trademark.  The mark must be registered in relation to specified classes of goods and services. However, your trademark application could be rejected for several reasons, including if:

1. It lacks distinctiveness to your good or services;

2. It is contrary to law or scandalous; or

3. It is similar to an already registered trademark. 

Once your application is made, on examination if there are no grounds for rejecting the application, it will be accepted. If no opposition is made within 2 months of acceptance (Trademark regulations pt. 5 div 2 cl 5.6) your trademark will be registered. 

Your trademark can be opposed on several grounds including:

1. You are not the owner;

2. You have no intention to use the trademark;

3. Earlier use of similar trademark; or

4. It is likely to cause confusion due to similarity with another trademark.

The process of registration may take some time, however, we believe protecting your brand is important. 

You can visit for more information:  https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-costs 

The Next Step

If you would like to register your Trademark, we would be pleased to hear from you.

Glaser Lawyers offers all clients a complimentary and obligation free consultation.

We look forward to working with you to achieve your aims and protect your interests.

Please call 1300 000 770 or email admin@glaser.net.au to make your appointment.