Australian, Victorian, British and American trade marks
The 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 a link to these 45 Classes.
Australia follows the International (Nice) classification of goods and services for the purposes of the registration of trade marks.
Australian trade marks can be registered overseas. IP Australia provides information and advice on international trade mark protection.
Name indexes - print - Alphabetical name indexes of applicants for trade marks - 1906-1981. These annual indexes file alphabetically by name of applicant, and include Class numbers for each application. Located onsite at the Library and can be ordered for same day delivery - Index of proceedings upon applications for the registration of trade marks (several title changes since 1906).
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, published weekly from 1906+ (several title changes since 1906). 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 pre-ordered by staff.
Online indexes to Australian trade marks are available via IP Australia's online ATMOSS (Australian Trade Mark On-line Search System). ATMOSS enables you to search all current trade mark registrations, and all pending trade mark applications. Search ATMOSS by word/image, class or classes, status, and trade mark number. To begin searching, click "Enter as guest". A sample search of the word "olympic" in the 'word/image' field retrieves over 70 records. Changing the "Trade mark status" field to "All", retrieves additional records for refused, removed and never registered applications. For the word "olympic", this "All" search retrieves over 400 trade mark applications..
Name indexes - online - use 'advanced search' to search for the names of applicants and owners of trade marks (people, businesses or organisations) in the online ATMOSS database. For the 'Advanced Search' page, click on 'Search' in the top left hand corner of the search page, and select 'Advanced Search' form the drop down menu. 'Advanced Search' also has the option to search by 'Kind of trade mark' (colour, scent, shape, sound). However, Each trade mark record in ATMOSS will identify the names of applicants and owners of Australian trade marks.
Subject searching - online - is by Class number. To find relevant Class numbers in ATMOSS, click on "Find the correct class/es for your goods and services", and enter a term. For example, a search of 'bicycle' identifies about 100 terms in eight Classes. Bicycles are included in Class 12 (Vehicles; apparatus for locomotion by land, air or water). Searching Class 12 in ATMOSS returns 500 hits. Seaching Class 12, together with the term 'Malvern' in the 'Word/Image search box, returns 7 records.
Paper copies of trade marks - the State Library of Victoria's paper collection of Australian registered trade marks is located at our offsite store. The collection dates from 1906 to 1998. The title of this 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). These trade marks need to be pre-ordered by staff on behalf of Library patrons. The Class number and the trade mark number (and date if known) need to be quoted. The request should be marked "Deliver to HCRR". These items will be delivered to the Heritage Collections Reading Room for viewing.
Paper copies of trade marks - at the National Archives of Australia (NAA) - see box below for details.
Online copies of trade marks - images of currently registered trade marks, and pending trade mark applications in Australia, are available via ATMOSS (Australian Trade Mark On-line Search System)
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. Contact details are on the NAA's "Ask us a question" page.
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.
The attached table was published in "Provisional Regulations Under the 'Trade Marks Act 1905'", Australian Statutory Rule Number 49 of 1906
The attached table was published in the "Trade Mark Regulations", Statutory Rules 1958, No. 48