Trade Marks Act 1998 · 2020 Revised Edition · Part 2 · Registration of Trade Marks
5. Application for registration
Feedback & supportAn application for registration of a trade mark must be made in the prescribed manner to the Registrar.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
The application must —
contain a request for the registration of a trade mark;
state the name and address of the applicant;
contain a clear representation of the trade mark;
list the goods or services in relation to which the applicant seeks to register the trade mark; and
state —
that the trade mark is being used in the course of trade, by the applicant or with the applicant’s consent, in relation to those goods or services; or
that the applicant has a bona fide intention that the trade mark should be so used.
The application is subject to the payment of the application fee and such other fees as may be appropriate.
The date of the application for registration of the trade mark is the earliest date on which —
all the requirements under subsection (2) have been satisfied; and
all the fees payable under subsection (3) —
have been paid; or
are treated by the Registrar as paid.