Country/Region: Australia
Competent Authority: IP Australia
Official Website: https://www.ipaustralia.gov.au
Eligible Applicants: Australian enterprises; foreign enterprises; individual applicants;
*Foreign applicants are generally required to submit applications through a local agent.
Classification System: Australia uses the Nice Classification (45 classes in total); multi-class applications are permitted.
Required Application Materials:
Generally, the following information is required:
Trademark representation (image);
Applicant's name and address;
Classes of goods or services;
Registration Timeline: Approximately 7–9 months to complete registration.
Validity Period: 10 years (calculated from the date of registration); renewable every 10 years, with no limit on the number of renewals.
Industry Report
Publication: Approved applications are published in the EU Trade Marks Bulletin, available in 23 EU languages. Publication is not registration — it initiates the opposition window.
Opposition: Any third party with an earlier right may oppose within 3 months of publication. The opposition fee is EUR 320. The opposition process includes:
· Admissibility check — EUIPO verifies that the opposition is timely, properly filed, and supported by a valid earlier right.
· Cooling-off period — A 2-month negotiation window (extendable to 22 months) for settlement.
· Adversarial phase — If no settlement, both parties submit observations and evidence.
· Decision — EUIPO decides whether the earlier right prevails. Appeals go to the EUIPO Boards of Appeal, then the General Court, then the CJEU.
Proof of Use Defense: If the opponent's mark is over 5 years old, the applicant may demand proof of genuine use in the EU. This is a powerful defensive tool.
Invalidity & Revocation: Article 52 invalidity (absolute grounds, any time, fee EUR 700) and Article 57 invalidity (relative grounds, 5-year limit for some, fee EUR 700). Article 58 revocation covers non-use (5 years), genericization, and misleading use.
The EU provides some of the strongest dilution protection in the world. Under Article 8(5) EUTMR, owners of marks with a reputation can prevent registration or use of a later mark on ANY goods or services — even completely unrelated ones — if the later mark would:
· Damage the distinctiveness of the earlier mark (blurring)
· Damage the reputation of the earlier mark (tarnishment)
· Unfairly take advantage of the earlier mark's reputation (free-riding)
Unlike U.S. federal dilution law (which requires proof of actual dilution under the TDRA), EU dilution requires only proof of a 'link' in the consumer's mind between the two marks. The CJEU established this standard in Intel v. CPM UK (C-252/07).
Key factors: degree of similarity between marks, degree of reputation, degree of distinctiveness, likelihood of association, and the nature of the goods/services.
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