IDS Australia is a member of the Madrid Agreement, the Madrid Protocol and the International Community. Trademark protection is obtained through registration.
Registration of trademarks: Requirements
A trademark application must be submitted to the Intellectual Property Office. A power of attorney is not required. Foreign applicants do not require domestic registration.
Trademark registration: procedure
The application process includes an investigation on absolute grounds; the official search has been left behind. Signs that are not considered to be distinctive in the investigation can be registered if distinctive character has been obtained through use. After the investigation into formalities and absolute grounds, the application for opposition purposes is published in the trademark register.
Trademark registration: duration
A trademark registration in Australia is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.