AUSTRALIA TRADEMARK CATEGORIES

Nowadays, companies are facing problems related to the infringement of their trademarks. This factor makes registering of trademarks necessary part for companies. Registration grants protection to trademarks against infringers.

Registering Trademarks helps in protecting your company reputation, brand, and goodwill around the world. With the help of a trademark, the right owner can easily make his or her business familiar to the target market. There are different types of trademarks that can be registered. They can be a representation of graphics, images, words, texts or a combination of these elements.

The process of trademark registration in Australia is lengthy and usually takes a long period of 12 to 18 months. During the process of trademark registration, there is one area where you need to specify the trademark classes like the category of products and services in respect of which the proposed trademark is being used. In this article, we will discuss the Classes of Trademark. Understanding Australia Trademark Categories is necessary for Trademark Registration in Australia.

There are several benefits of trademark registration. Apart from trademark classification in Australia, there are other areas that need to be taken care of, like the publication of the trademark in trademark journal, trademark renewal. A Registered Trademark gives exclusive rights to the owner for the trademark protection. If any other tries to use the owner’s trademark, the right owner can sue the infringer for trademark infringement.

Read More: Trademark Registration

About Australia Trademark Categories

In Australia, goods and services describe following the Nice Classification system for Trademark Registration. Australia Trademark Categories have in total of 45 classes. In which classes 1 to 34 includes “goods” and classes 35 to 45 includes “services”. The main aim of the classification of trademark goods and services is to know which trademark is being used in which category. A thorough Trademark Search is conducted to check whether the Trademark is prior registered or not. This article discusses Australia Trademark Categories in detail.

Australia trademark categories

Australia Trademark categories for “Goods”

Classes 1 to 34 includes Goods:

Class 1:

  • All those chemicals which are used in industries, science, and photography
  • Those chemicals which are used in agriculture, horticulture, and forestry
  • Unprocessed artificial resins
  • Unprocessed plastics
  • Manures
  • Fire extinguishing compositions
  • Tempering and soldering preparations
  • Chemical substances which preserve foodstuffs
  • Tanning substances
  • Adhesives used in industries
  • Unprocessed plastics in the form of liquids, granules or chips

Class 2:

  • Paints, lacquers, varnishes
  • Preservatives which prevent rust and deterioration of wood
  • Colorants
  • Mordants
  • Raw natural resins
  • Metals in the form of foil and powder for painters, decorators, printers, and artists

Class 3:

  • Bleaching preparations and other substances for laundry purposes
  • Cleaning, polishing, scouring, and abrasive preparations
  • Soaps
  • Perfumery, essential oils, cosmetics, and hair lotions
  • Dentifrices

Class 4:

  • Industrial oils and greases
  • Lubricants
  • Dust absorbing, wetting and binding compositions
  • Fuels and illuminants
  • Candles and wicks for lighting purposes
  • Combustible fuels, electricity and scented candles

Class 5:

  • Pharmaceutical and veterinary preparations
  • Sanitary preparations for medical purposes
  • Dietetic food and substances modified for medicinal or veterinary use, food for babies
  • Dietary supplements for humans and animals
  • Plasters, materials for dressings
  • Material for stopping teeth, dental wax
  • Disinfectants
  • Preparations for destroying vermin
  • Fungicides, herbicides

Class 6:

  • Common metals and their alloys
  • Metal building materials
  • Transportable buildings of metal
  • Materials of metal for railway tracks
  • Non-electric cables and wires of common metal
  • Ironmongery, small items of metal hardware
  • Pipes and tubes of metal
  • Safes
  • Goods of common metal which are not included in other classes
  • Ores
  • Unwrought and partly wrought common metals
  • Metallic windows and doors
  • Metallic-framed conservatories

Class 7:

  • Machines and machine tools
  • Automatic vending machines
  • Motors and engines (except for land vehicles)
  • Machine coupling and components for transmission (except for land vehicles)
  • Agricultural implements other than hand-operated
  • Incubators for eggs

Class 8:

  • Hand tools and hand-operated implements
  • Cutlery
  • Side arms
  • Razors
  • Electric razors and hair cutters

Class 9:

  • Scientific, surveying, nautical,  cinematographic, photographic, optical, weighing, measuring, signaling, checking (supervision), teaching apparatus and life-saving and instruments
  • Apparatus and instruments for conducting, transforming, switching, accumulating, regulating or controlling electricity
  • Apparatus for the recording of sounds or/and images, reproduction or transmission of sound or images
  • Magnetic data carriers, and recording discs
  • Compact discs, DVDs and other digital recording media
  • Mechanisms for coin-operated apparatus
  • Cash registers, calculating machines, data processing equipment, computers
  • Computer software
  • Fire-extinguishing apparatus

Class 10:

  • Surgical, dental, medical, and veterinary instruments and apparatus, artificial limbs, teeth, and eyes
  • Orthopedic articles
  • Suture materials
  • Sex aids
  • Massage apparatus
  • Supportive bandages
  • Furniture adapted for medical use

Class 11:

  • Apparatus for lighting, cooking, refrigerating, heating, steam generating, ventilating, drying, water supply and sanitary purposes
  • Air conditioning apparatus
  • Electric kettles
  • Gas and electric cookers
  • Vehicle lights and vehicle air conditioning units

Class 12:

  • Vehicles
  • Apparatus for locomotion by land, air or water
  • Wheelchairs
  • Motors and engines for land vehicles
  • Vehicle body parts and transmissions

Class 13:

  • Firearms
  • Ammunition and projectiles, explosives
  • Fireworks

Class 14:

  • Precious metals and their alloys
  • Jewelry, costume jewelry, precious stones
  • Horological and chronometric instruments, clocks and watches

Class 15:

  • Musical instruments
  • Stands and cases accommodated for musical instruments

Class 16:

  • Paper, cardboard, and goods made from these materials, and which are not included in other classes
  • Printed matter
  • Bookbinding material
  • Photographs
  • Stationery materials
  • Adhesives for stationery or household purposes
  • Artists’ materials
  • Paintbrushes
  • Typewriters and office requisites (except furniture)
  • Instructional and teaching material (except apparatus)
  • Plastic materials for packaging purposes (not included in other classes)
  • Printers’ type
  • Printing blocks

Class 17:

  • Rubber, gutta-percha, asbestos, gum,  mica, and goods made from these materials
  • Plastics in extruded form for manufacturing purposes
  • Semi-finished plastics materials for further manufacture purpose
  • Stopping and insulating materials
  • Flexible non-metallic pipes

Class 18:

  • Leather and imitations of leather
  • Animal skins hide
  • Trunks and traveling bags
  • Handbags, rucksacks, purses
  • Umbrellas, parasols and walking sticks
  • Whips, harness, and saddlery
  • Clothing for animals

Class 19:

  • Non-metallic building materials
  • Non-metallic rigid pipes for building
  • Asphalt, pitch, and bitumen
  • Non-metallic transportable buildings
  • Non-metallic monuments
  • Lastly, Non-metallic framed conservatories, doors, and windows

Class 20:

  • Furniture, mirrors, and picture frames
  • Articles made of wood, cork, wicker, horn, reed, cane, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic not included in other classes
  • Garden furniture
  • Pillows and cushions

Class 21:

  • Household or kitchen utensils and containers
  • Combs and sponges
  • Brushes
  • Brush-making materials
  • Articles for cleaning purposes
  • Steel wool
  • Articles made of ceramics, porcelain, glass, or earthenware not included in other classes
  • Electric and non-electric toothbrushes

Class 22:

  • Ropes, string, awnings, nets, tents, tarpaulins, sails, sacks for transporting bulk materials
  • Stuffing and padding materials not made of rubber or plastics
  • Raw fibrous textile materials

Class 23:

  • Yarns and threads, for textile use

Class 24:

  • Textiles and textile goods
  • Bed and table covers
  • Travelers’ rugs, textiles for making articles of clothing
  • Duvets
  • Covers for pillows, cushions or duvets

Class 25:

  • Clothing, footwear, headgear

Class 26:

  • Lace and embroidery, ribbons and braid
  • Buttons, hooks, and eyes, pins and needles
  • Artificial flowers

Class 27:

  • Carpets, mats and matting, rugs, linoleum and other materials for covering floors
  • Wall hangings (non-textile)
  • Wallpapers

Class 28:

  • Games and playthings
  • Playing cards
  • Gymnastic and sporting articles
  • Decorations for Christmas trees
  • Children’s’ toy bicycles

Class 29:

  • Meat, fish, poultry, and game
  • Meat extracts
  • Preserved, dried and cooked fruits and vegetables
  • Jellies, jams, compotes
  • Eggs, milk and milk products
  • Edible oils and fats
  • Prepared meals
  • Soups and potato crisps

Class 30:

  • Coffee, cocoa, tea, sugar, sago, rice, tapioca, and artificial coffee
  • Flour and preparations made from cereals, pastry and confectionery, ices, bread; honey, treacle
  • Yeast, baking powder
  • Salt, and mustard
  • Vinegar, and sauces (condiments)
  • Spices
  • Ice
  • Sandwiches
  • Prepared meals
  • Pizzas, pies and pasta dishes

Class 31:

  • Agricultural, forestry and horticultural products
  • Live animals
  • Fresh fruits and vegetables, seeds,  flowers, and natural plants
  • Foodstuffs for animals
  • Malt
  • Food and beverages for animals

Class 32:

  • Beers
  • Mineral and aerated waters
  • Non-alcoholic drinks
  • Fruit drinks and fruit juices
  • Syrups for making beverages
  • Shandy, de-alcoholized drinks, non-alcoholic beers, and wines

Class 33:

  • Alcoholic wines
  • Spirits and liqueurs
  • Alcopops
  • Alcoholic cocktails

Class 34:

  • Tobacco
  • Smokers’ articles
  • Matches
  • Lighters for smokers

Australia Trademark categories for “Services”

Classes 35 to 45 include services.

Australia trademark categories

Class 35:

  • Advertising
  • Business management
  • Business administration
  • Office functions
  • Electronic data storage
  • The organization, supervision, and operation, of loyalty and incentive schemes
  • Advertising services rendered via the Internet
  • Production of television and radio advertisements
  • Accountancy
  • Auctioneering
  • Trade fairs
  • Opinion polling
  • Data processing
  • Provision of business information
  • Retail services connected with the sale of goods

Class 36:

  • Insurance
  • Financial services
  • Real Estate agency services
  • Building society services
  • Banking
  • Stockbroking
  • Financial services provided via the Internet
  • Issuing of tokens of value in relation to loyalty and bonus schemes
  • Provision of financial information

Class 37:

  • Building construction
  • Repair
  • Installation services
  • Installation, maintenance, and repair of computer hardware
  • Painting and decorating
  • Cleaning services

Class 38:

  • Telecommunications services
  • Chat room services
  • Portal services
  • E-mail services
  • Providing user access to the Internet
  • Radio and television broadcasting

Class 39:

  • Transport
  • Packaging and storage of goods
  • Travel arrangement
  • Distribution of electricity
  • Travel information
  • Provision of car parking facilities

Class 40:

  • Treatment of materials
  • Development, duplicating and printing of photographs
  • Generation of electricity

Class 41:

  • Education
  • Providing of training
  • Entertainment
  • Sporting and cultural activities

Class 42:

  • Technological and Scientific services and research and design-related services
  • Industrial analysis and research services
  • Design and development of computer hardware and software
  • Computer programming
  • Installation, maintenance, and repair of computer software
  • Computer consultancy services
  • Drawing, design, and commissioned writing for the compilation of websites
  • Creating, maintaining and hosting the websites of others
  • Design services

Class 43:

  • Services for providing food and drink
  • Temporary accommodation
  • Restaurant, bar and catering services
  • Provision of holiday accommodation
  • Booking and reservation services for holiday and restaurants accommodation
  • Retirement home services
  • Crèche services

Class 44:

  • Services for providing medical facilities
  • Veterinary services
  • Hygienic and beauty care services for human beings or animals
  • Agriculture services, horticulture, and forestry services
  • Dentistry services
  • Medical analysis for the diagnosis and treatment of persons
  • Pharmacy advice
  • Garden design services

Class 45:

  • Legal services
  • Conveyancing services
  • Security services for protecting property and individuals
  • Social work services
  • Consultancy services related to health and safety
  • Consultancy services related to personal appearance
  • Provision of personal tarot readings
  • Dating services
  • Funeral services and undertaking services
  • Fire-fighting services
  • Detective agency services

 Authority and Legislation in Australia

The relevant authority for Trademark Registration in Australia is IP Australia. No other authority can provide registration other than legal authority IP Australia. The authority is in charge of all the activities related to registration.

The relevant Legislation for registration is The Trademarks Act 1995 (Cth) (the “Act”) and the Trademarks Regulations 1995 (Cth).

Trademark system in Australia

Registrable Trademarks

A letter, word, phrase, name, numeral, signature, device, picture, label, logo, ticket, aspect of packaging, shape, sound, color, or scent are capable of Trademark Registration in Australia. A combination of these types of trademarks can also be registered. A preliminary Trademark Search is required to ascertain whether the trademark is available or not for registration.

Non-Registrable Trademarks

Certain Signs are not capable of registration, for example:

  • Words like “Patents” and “Copyrights”.
  • A representation of the Arms, Flag or seal of Australia or a state or territory is not capable of registration.
  • The Olympic rings
  • Words “Olympic Champion”, “Returned Soldier” and “Repatriation” are not capable of registration in Australia.
  • Signs which are prescribed by the Internation Union for the Protection of Industrial Property.
  • Words like “Australian and Overseas Telecommunications”.
  • Geographical indications for Wine.

All the above signs are not capable of getting registered as Trademarks in Australia.

Reason for opposing trademarks in Australia

Trademark Registration in Australia can be opposed on the following grounds:

 

  • When the mark contains a prohibited or prescribed sign.
  • If the mark cannot be represented graphically.
  • The mark is likely to create confusion among customers regarding the goods and/or services.
  • Mark is scandalous or contrary to law.
  • If the mark is not capable of distinguishing the applicant’s goods and services.
  • Mark is substantially identical or similar to a prior-filed trademark for the same or similar goods or services.
  • Trademark can be refused if the applicant is not the owner of the trademark.
  • The applicant does not intend to use the trademark.
  • The opponent has prior use of the trademark.
  • Mark contains or consists of a false geographical indication.
  • The application was made in bad faith.

 

To avoid Trademark opposition/refusal, it is necessary to do a thorough Trademark Search.

Details required for the registration process

To register a Trademark, the following information is required:

  • The applicant’s company or individual name.
  • The applicant’s address.
  • A list of goods and/or services for which registration is sought.
  • A graphical representation of the mark.

Adequate representation of a Trademark:

  • Trademarks must be able to be graphically represented to be registrable.
  • The representation of the mark should not be larger than 8cm * 8cm.
  • All the features of the trademark must be represented.

CONCLUSION

For Trademark registration in Australia, it is important to understand the trademark classes and to know which goods and/or services fall under which class/category. A preliminary Trademark Search is conducted to ascertain the availability of the desired Trademark.

If you are also planning to give your goods and services a Trademark, don’t worry as we are here to provide you complete assistance on all matters of trademarks. Visit our website Trademark Cart or give us a call on +91 8750008585, and our Trademark experts will guide you in the most possible way.

We provide Trademark Registration in India, Trademark Registration in the USA, Trademark Registration in Australia and many more services

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By | 2019-07-06T11:42:29+00:00 July 6th, 2019|Trademark|

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