Documents Required, Trademark Search, Timeline and Validity
Australian trademark registration has become increasingly important for Sri Lankan businesses expanding into Australia, especially exporters, IT companies, consultants, and brand owners targeting Australian customers.
Australia operates under a first‑to‑file trademark system, meaning the first party to register a trademark owns the legal rights, regardless of prior use in Sri Lanka. This makes early trademark registration crucial for Sri Lankan businesses entering the Australian market.
This article explains:
- Documents required to register a trademark in Australia from Sri Lanka
- The importance of conducting a trademark search
- The registration timeline and validity period
1. Documents Required to Register a Trademark in Australia from Sri Lanka
One of the key advantages of Australian trademark registration is that foreign applicants, including Sri Lankan individuals and companies, can apply without visiting Australia.
In most cases, only basic documentation is required.
Essential Information and Documents
To register a trademark in Australia through IP Australia, the following details are required:
- Applicant details
- Full name of the individual or company
- Country of residence or incorporation (Sri Lanka)
- Trademark representation
- Word mark (business or brand name), or
- Logo image (usually in JPEG or PNG format)
- Description of goods or services
- Clear explanation of the products or services offered
- Trademark class selection
- Classification under the Nice Classification system
- Contact details
- Email address for official correspondence
No notarised documents, power of attorney, or Sri Lankan registrations are mandatory at the time of filing, although existing Sri Lankan trademark details can be useful in strategic planning.
For Colombo‑based exporters and service providers, this makes registration fast and practical, even at an early market‑entry stage.
2. Trademark Search – A Critical First Step
Before proceeding with trademark registration in Australia, it is strongly recommended to conduct a trademark availability search.
Why a Trademark Search Matters
IP Australia examines every application against existing registered trademarks. If your proposed trademark is:
- Identical or similar to an existing trademark
- Registered in the same or related classes
the application may be rejected or face objections.
A proper trademark search helps:
- Identify existing conflicting trademarks
- Reduce the risk of objections or refusal
- Save time and costs associated with re‑filing
- Strengthen the chances of successful registration
What a Trademark Search Covers
A professional trademark search typically includes:
- Exact match searches
- Similar name and phonetic similarity checks
- Logo similarity assessments (for device marks)
- Class‑specific conflict analysis
For Sri Lankan businesses unfamiliar with Australian trademark rules, professional guidance at this stage is particularly important, as Australia applies strict standards of distinctiveness.
3. Australian Trademark Registration Timeline and Validity
Understanding the timeline helps businesses plan market entry, branding, and marketing activities confidently.
Typical Timeline for Trademark Registration in Australia
The standard process is as follows:
- Filing with IP Australia
The application is lodged and acknowledged immediately. - Examination Stage (approximately 3–5 months)
IP Australia reviews the application for compliance and conflicts. - Examination Outcome
- If no issues are found, the application proceeds
- If objections are raised, an examination report is issued
- Acceptance and Advertisement
Once accepted, the trademark is advertised for opposition. - Registration
If no opposition is filed, the trademark proceeds to registration.
In most cases, complete registration takes approximately 7 to 9 months, provided no objections or oppositions arise.
Validity of an Australian Trademark
Once registered:
- The trademark is valid for 10 years from the filing date
- It can be renewed indefinitely every 10 years
- Renewal ensures continuous protection without re‑filing
This long validity period makes Australian trademarks a valuable long‑term asset for Sri Lankan exporters and international brands.
Why Sri Lankan and Colombo‑Based Businesses Should Act Early
For Sri Lankan businesses planning to export goods, launch services, or operate online in Australia, registering a trademark early offers significant protection advantages.
Industries that particularly benefit include:
- Export manufacturing and trading companies
- IT and software service providers
- Restaurants and food brands entering Australia
- Consultants servicing Australian clients
- E‑commerce and online brands
Delaying registration increases the risk of another party registering the trademark first, potentially blocking market entry or forcing costly rebranding.
Get Professional Assistance for Australian Trademark Registration
Registering a trademark in Australia from Sri Lanka is a strategic legal and commercial decision. While the process may appear straightforward, matters such as class selection, distinctiveness, and objections can have long‑term consequences if handled incorrectly.
Professional assistance ensures:
- Proper trademark searches
- Correct classification
- Smooth handling of IP Australia requirements
- Stronger protection for your brand in Australia
If you are a Sri Lankan entrepreneur or exporter considering the Australian market, early trademark protection is a critical first step.