My Trade Mark Application is Successful. When Will My Details Become Public?
A successful trade mark application is an exciting milestone in the trade mark process. However, it is only the beginning of the trade mark registration process. After your application has been successful, there are a number of steps that have to take place before finalising your registration. This includes the release of your details to the public. This article will take you through what happens when your trade mark application is successful and explain at what point your details will go public.
Once you have applied for a trade mark and IP Australia receives it, they will publish your details online. This means that you cannot amend your trade mark in any substantial way or edit the nominated category of goods or services. You also will not be able to change the name of the applicant. Because you cannot make any large changes to your trade mark application, you should consider seeking help from a professional to make sure you get it right the first time.
What Details Are Made Public?
After applying for a trade mark, IP Australia’s online database will make your business name and address available for public viewing. In some cases, they might make some of your other information available. However, this will only be available upon request and for a fee. Documents and information that are available for viewing include:
- your name and address;
- past marketing materials; and
- information about the years that you used the trade mark for your goods and services.
Confidential information will not be available.
Trade Mark Acceptance
After applying for a trade mark, IP Australia will have to accept your application. Firstly, IP Australia will assess your application against the legislative requirements outlined in the Trade Marks Act. IP Australia will send you any changes you need to make in a report. You will need to fix any of the adverse findings outlined in the report for them to accept your application. Furthermore, from the day you receive the report, you have 15 months to make these changes and have them accepted.
Once your application is successful, and IP Australia publish your details online, they will advertise your entire application in their Official Journal of Trade Marks. You can find this on IP Australia’s website. This is an opportunity for businesses to oppose your trade mark. Businesses who think you have an identical or too similar trade mark to theirs have two months to register their opposition, which you will have to respond to.
Responding to a trade mark opposition can be very expensive and take a long time. Fortunately, it is quite rare for others to oppose your trade mark at this stage.
After Trade Mark Acceptance
If there are no oppositions to your trade mark, or you have responded to any trade mark oppositions successfully, you can then pay the registration fee to have your trade mark registered. At this time, IP Australia will record your entire trade mark registration details and your business or personal details in the Australian Trade Marks Online Search System (ATMOSS). This is so other businesses can reach out to you and ask to license or assign your trade mark.
Your trade mark details being made public is part of the trade mark application process. The information available to the public will vary depending on the stage you are in of the trade mark registration process. For example, IP Austalia might make different details public after:
- you submit your trade mark application;
- they accept your trade mark application; and
- they finalise your trade mark registration.
Frequently Asked Questions
Once you have applied for a trade mark and IP Australia receives your application, they will publish your details online. IP Australia will advertise your entire application in their Official Journal of Trade Marks after being accepted. Once you have a registered trade mark, IP Australia will record your personal details and your trade mark details in the Australian Trade Marks Online Search System.
Trade mark application details are made public for several reasons. Reasons include because others may want to oppose your trade mark and need your details to do so, or because others need the information to help them with their own trade mark application. Having your contact details made public makes it easier for people interested in licensing or buying your trade mark to get in touch with you.
IP Australia’s online database will make your business name and mailing address available for public viewing. Some of your other information might be made available either for free or for a fee in some cases. This does not include documents with confidential information.