Navigating the trademark registration process with IPAustralia entails more than merely submitting an application; it requires examination and approval by the IP Office. Regrettably, current backlogs in the examination process may result in a wait of six months or more from application submission to examination. Moreover, even after successful examination, an additional two months is needed for advertisement – during which third parties can lodge oppositions – before the mark attains legal protection. When applications are scrutinized by IPAustralia’s Trademark Examiners, they may be rejected for reasons such as insufficient distinctiveness or inadequate description of associated goods/services, resulting in a notice of objection detailing the shortcomings.
Should the IP Office raise formalities objections, such as incomplete company or owner information, we will address these at no additional cost, albeit with a slight delay. We will notify you via email upon submission of your trademark application and advise you to check your spam folder if you do not hear from us within one business day. Updates may be scarce until the examination concludes, but once completed, we will promptly send either acceptance or objection emails. If all hurdles are surmounted and the registration proceeds unimpeded within the two-month opposition window (a rare occurrence), IPAustralia will issue a certificate of ownership, followed by an email announcing the successful registration and eventually mailed documents containing proof of registration and relevant registry numbers. This documentation enables the legal use of the registered trademark symbol (®) and ensures exclusive rights are upheld under Australian Trademark law for the entire period ahead.