Trade Marks

Trade marks relate to signs which indicate the source of a product or service. Signs that may be registered include words, logos, sounds and smells. To be registered a mark must be able to distinguish the goods or services of the owner from the same goods or services provided by another trader. Generally, a mark must not be directly descriptive of the goods or services and must not be the same or similar to a mark already registered or applied for in respect of the same or similar goods or services. In the absence of use, geographic names are usually considered not to be distinctive. A mark that is not distinctive but is capable of becoming distinctive through use may be registered.

Filing Requirements for Australia & New Zealand

  1. Applicant details
  2. Representations of the mark
  3. Details of Goods and/or Services, preferably including the international class(es)
  4. Details of any basic application, including the goods and services
  5. If the mark includes non-English words a translation is required
  6. If the mark includes characters constituting words, and the characters are not roman (eg Japanese, Chinese, Korean characters, etc) a transliteration into roman letters and a translation into English is required
  7. Priority document (and verified translation) (NZ Only)

Minimum Filing Requirements

We require items 1, 2, 3 and 4 above.

Other Information

For Australia the goods and/or services of the basic application need to be specified if the goods and/or services specified in the application are not identical.

For Australia a certified copy of any priority document (and verified translation) only needs to be filed if the Trade Marks Office requests a copy.

For New Zealand the certified copy of any  priority document (and verified translation) only needs to be filed before acceptance.

Australian Trade Marks

Filing Requirements-Trade Marks