Trade marks

Guide to Australian, Victorian, British and American trade marks held by the Library.

Australian trade marks

Tri-Olein trademark (1875), H96.160/2471The national register of Australian trade marks began in 1906, and was based on the Commonwealth Trade Marks Act 1905. Prior to that date, each colony or state passed legislation regulating trade mark registration: South Australia (1863), Queensland (1864), Tasmania (1864), New South Wales (1865), Victoria (1876), Western Australia (1884).

Trade mark registration lasts 10 years, and can be renewed for successive periods of 10 years.

Trade marks are registered under a classification system using separate Classes, each representing different types of goods and services. From 1906 to 1958, 50 Classes were in use for the classification of goods (services were not included). In 1958 a new classification schedule was adopted, and the number of Classes changed to 42 (34 Classes for goods, and 8 Classes for services). Currently there are 45 Classes in use, with Classes 1-34 representing goods, and Classes 35-45 representing services. A trade mark may be registered under one or more Classes. IP Australia provides an overview of the classes.

Australia follows the International (Nice) classification of goods and services for the purposes of the registration of trade marks.

Finding Australian trade marks - indexes

Name indexes - print - Alphabetical name indexes of applicants for trade marks (SLV holdings 1906-1997). These annual indexes file alphabetically by name of applicant, and include Class numbers for each application. These are located onsite at the Library and can be ordered for same day delivery. The index underwent name changes over time, beginning with Index of proceedings upon applications for the registration of trade marks.  

Name and Class listings - journal entries - print - names of applicants for trade marks and Class details of trade mark applications are also published in the Australian Official Journal of Trade Marks, (SLV holdings 1906 - 1930). The journal includes lists of trade mark applications lodged and details of trade mark applications accepted.

The weekly 'Applications lodged' lists include names of applicants, Class numbers, dates of applications, and trade mark application numbers. The weekly notices of 'Accepted trade marks' include Class number, trade mark word or image, trade mark number, date, title of trade mark, and the names and addresses of applicants. This journal is held offsite, and issues need to be requested by staff.on behalf of library patrons

Finding images and registration details of Australian trade marks - print and online

Paper copies of trade marks - the State Library of Victoria's paper collection of Australian registered trade marks is located at our offsite store and need to be requested by library staff on behalf of library patrons. The collection dates from 1906 to 1998. The title of the collection is Australian status reports of trade mark applications. These are arranged in multiple volumes in class order (42 Classes), with each class having its own numerical sequence. (Note that on 1 January 2002, three new Service Classes came into effect, Classes 43, 44 and 45). 

Paper copies of trade marks - at the National Archives of Australia (NAA) - see box below for details.

An online search for Australian trade marks is available via IP Australia's Australian Trade Mark Search, which enables you to search current, pending and removed trade mark applications.

Australian trade marks at the National Archives of Australia (NAA)

 

 

The National Archives of Australia (NAA) Canberra office holds copies of Australian trade mark applications, together with registers and indexes, as noted in the Series listed below. You can request copies of trade marks from the NAA. If you know the relevant NAA Series number, also quote this in your request. Find out more about making a request at 'Ask us about our collection'.

Note that the majority of trade marks held in the collections of the NAA, have not been individually indexed or digitised. Therefore, an online search, using an applicant's name or trade mark name or word, is unlikely to find individual trade mark records, even though the item is held by the NAA. 

NAA Series D5005 - Bound volumes of classified representations of trade marks (classifications 1 -50), chronological series (1906-1958). Organised by Class number, and filed in chronological order by registration number within each Class. Includes names and address of applicant, goods and/or services specified in the application, Class numbers, and a graphical representation of the trade mark.

NAA Series D5549 - Binders of classified representations of trade marks (Classifications 1 to 42), single number series (1959-2002). Includes application for trade mark forms, and amendments to trade mark forms, and includes owner's name and address, Class number and trade mark.

NAA Series A6288 - Registers of Commonwealth trade marks (1906-1958). Includes the number of the application, time and date of lodgement, proprietor, address of proprietor, and a representation or description of the trade mark.

NAA Series A1968 - Applications for registration of a trade mark, single number series (1906-1958). Includes forms for trade mark applications, including a representation of the trade marks, and applications for renewal of trade marks.

Books on Australian trade marks

Shanahan's Australian law of trade marks & passing off (7th ed., 2022)  located in the Redmond Barry Reading Room -- at B 346.940488 D2997S (2022)

Fully updated analysis of the law of trade marks and passing off in Australia, in light of both domestic and international developments.

Intellectual property in Australia (7th ed., 2022) - located in the Redmond Barry Reading Room -- at B346.048 C116I

Provides an overview of forms of intellectual property and the protections and principles behind it, including trade marks.

Superbrands (1997-2004) (Vols 1-4)  located in the Redmond Barry Reading Room -- at F 659.10994 SU7S

Brief histories of major Australian brands, however since the publication a number have ceased or merged with others.

Imagination: 100 years of bright ideas in Australia (2004) located in the Redmond Barry Room and La Trobe Reading Room, the Dome -- at  608.794 R39I

Celebrating IP Australia's centenary, this book provides an insight into the foundations and legislation that helped to shape our culture of innovation in trade marks, patents and designs. 

James Dickson trademarks

Dickson trademark

Green Ginger Wine, H96.160/2227 

H96.160/2216

Quinine Bitters, H96.160/2210

Superior Cloves, H96.160/2216

Mulberry Wine, H96.160/2209

Australian trade marks - list of classes (1906-1958)

The attached table was published in "Provisional Regulations Under the 'Trade Marks Act 1905'", Australian Statutory Rule Number 49 of 1906

Australian trade marks - list of 34 classes for goods (1958)

The attached table was published in the  "Trade Mark Regulations", Statutory Rules 1958, No. 48

Australian trade marks - current list of classes of goods and services

Australian trade marks are currently registered under one or more of 34 classes of goods and 11 classes of services (Source: IP Australia)