December 04, 2025 ©️ Copyright – Goldkeen International Property Office

Why Register a Trademark in Australia?

As Taiwanese businesses expand internationally, Australia has become a strategic hub for trade. However, due to unfamiliarity with IP Australia regulations, many brands face trademark squatting or application rejections.

Trademark registration in Australia offers key advantages:

  • Exclusive Rights: Sole ownership of the trademark across all of Australia.

  • Customs Protection: Recordation enables Australian Customs to detain counterfeit imports.

  • Intangible Asset Value: Registered marks can be licensed or transferred.

4-Step Australian Trademark Application Process

The trademark examination process in Australia typically takes 6–8 months. A comprehensive trademark search before filing is crucial to avoid conflicts. Note: Australian examiners apply different standards from Taiwan, especially on phonetic and conceptual similarity.

Step 1: Submit Your Application

Prepare your logo/design and select the appropriate trademark classes before filing with IP Australia.

  • Special Rule: Australia allows series trademarks—if the marks only differ slightly (e.g., in color), they may be filed together to reduce costs.

Step 2: Examination

The examiner reviews:

  • Distinctiveness (not merely descriptive)

  • Similarity to existing or pending marks

  • Public interest violations

※ If an Adverse Report is issued, applicants must respond within 15 months.

Step 3: Publication & Opposition

Once accepted, the mark is published for 2 months, allowing any third party to file an opposition.

Step 4: Registration Approval

If no opposition is raised (or it’s resolved), and registration fees are paid, an electronic certificate will be issued.

Australia Trademark System Overview

Item

Details

Notes

Authority

IP Australia

Official agency for IP rights

Term of Protection

10 years

Starts from the filing date

Renewal

Every 10 years

Renewable indefinitely

Examination Time

7–9 months

May extend if opposed

Use Requirements

Cancellable after 3 years of non-use

Keep use records as proof

Classification

Nice Classification

45 international classes

3 Common Pitfalls for Taiwanese Applicants

1. Failing to Translate Chinese Marks

Australia requires transliteration and translation of any Chinese words. If the translated meaning is negative or generic in English, the application may be rejected.

2. Descriptive Marks Lack Distinctiveness

Australia strictly prohibits descriptive terms. For example, “Soft Wool” for wool products is likely to be rejected. Use creative wording or graphics.

3. Ignoring the Risk of Non-Use Cancellation

If a trademark is not genuinely used in Australia for 3 consecutive years, third parties may file for cancellation. Always retain proof of use (e.g., invoices, shipping records, ads).

Frequently Asked Questions (FAQ)

Q1: How much does it cost to apply for an Australian trademark?
A: Fees include official charges and agent service fees. Costs vary by number of classes and exchange rates. Contact Goldkeen for the latest quote.

Q2: Can I file directly on IP Australia’s website?
A: Technically yes, but the process involves legal complexities such as pick-list selection and formal objections. You also need a local address for service in Australia.

Q3: Is my Taiwan-registered trademark valid in Australia?
A: No. Trademark rights are territorial. You must file separately in Australia.

Goldkeen’s End-to-End Trademark Services for Australia

International trademark strategy is a legal battleground. Goldkeen offers:

  1. Precision Search & Risk Assessment – Reduce rejection risks before filing.

  2. Local Legal Expertise – We work with trusted Australian law firms and understand IP Australia’s review standards.

  3. Full-Cycle Management – From application to 10-year renewal and monitoring, we handle everything for your peace of mind.

📩 Click here to consult Goldkeen and unlock brand protection in Australia!

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