Australia

In order to file an application, we require:

  • The Applicant’s name and address (and ACN if an Australian company) – The Applicant must be an individual, a company, an incorporated association, a statutory body, or other legal person. More than one person can apply to own a mark jointly.
  • Details of the mark – This is a clear representation of the mark, including if the mark has graphic elements, colours and whether the mark is to be limited to those colours only.
  • A list of the goods and services to be covered by the application – Australia follows the International Classification System established under the Nice Convention. Goods and services must be arranged in the appropriate class(es).  A single application can cover more than one class.

New Zealand

In order to file an application, we require:

  • The Applicant’s name and address – The Applicant must be an individual, a company, an incorporated association, a statutory body, or other legal person. More than one person can apply to own a mark jointly.
  • Details of the mark – This is a clear representation of the mark, including if the mark has graphic elements, colours and whether the mark is to be limited to those colours only.
  • A list of the goods and services to be covered by the application – New Zealand follows the International Classification System established under the Nice Convention. Goods and services must be arranged in the appropriate class(es). A single application can cover more than one class.

Papua New Guinea

In order to file an application, we require:

  • The Applicant’s name, address and trading style, if applicable – The Applicant must be an individual, a company, an incorporated association, a statutory body, or other legal person. More than one person can apply to own a mark jointly.
  • Details of the mark – This is a clear representation of the mark, including if the mark has graphic elements, colours and whether the mark is to be limited to those colours only.
  • A list of the goods and services to be covered by the application – Papua New Guinea follows the International Classification System established under the Nice Convention. Goods and services must be arranged in the appropriate class(es). A single application can only cover one class, if protection is needed in more than one class, several applications will need to be filed.
  • Advice as to whether the mark has been used in Papua New Guinea or whether it is intended for the mark to be used.
  • Advice as to whether the mark is or will be used by the Applicant, or by an assignee or registered user – If the mark will be used by a registered user, an application to register the user must also be filed, and the name and address of the proposed registered user must be provided. The application to register the user must be filed with, or within three months of filing the application for registration of the trade mark.

Who to contact

BSc LLB FIPTA

Russell has ranked as one of Australia’s top trade marks attorneys in the World Trademark Review 1000 since its inaugural edition in 2011. He was recognised as an ‘IP Star’ in the field of Trade Marks in the Managing IP, IP Stars surveys of 2014 – 2016, and received awards in the International Law Office Client Choice Awards 2013 for Australia in the Trade Marks category. He is regularly invited to speak on trade marks related topics at the Leo Cussen Institute and legal professional development seminars, and is an honorary senior fellow at the University of Melbourne, where he lectures in Trade Marks Practice.

To find out more, please contact Russell at russell.waters@pof.com.au