It Feels Good to be Accepted

Having a trademark accepted early can be a confidence booster for small businesses and SMEs. Early acceptance means your brand identity is legally protected sooner, helping you build a recognisable presence in the Australian market without costly delays. At Markport™, we experienced this success firsthand when IP Australia accepted our trademark application for the name MARKPORT early. This process took only 47 days from filing on 13 September 2024 to early acceptance on 30 October 2024. This success highlights how a distinctive, well-planned trademark can avoid potential obstacles, securing a significant competitive edge.

How to Achieve Early Acceptance: Strategic Trademark Planning

A successful, early-accepted trademark depends on two factors: distinctiveness and non-conflict with existing trademarks. Here’s how each element contributes to a smooth registration process:

1. Distinctiveness – A distinctive trademark is unique and instantly identifiable. It goes beyond generic terms and common phrases, capturing the essence of your brand in a way that only your business can deliver. A distinctive trademark strengthens your position in the market and sets your brand apart from competitors. We achieved early acceptance by designing a truly unique trademark — one that is not generic, descriptive, or misleading.
2. Conflict-Free Registration – Avoiding conflict with existing trademarks in Australia is essential. A trademark application that conflicts with a registered or pending mark may face examiner objections or even opposition from third parties, potentially delaying or complicating registration. By conducting a comprehensive trademark search, we avoided these issues, enabling us to secure early acceptance and start building our brand presence faster.

Next Steps: Finalising Your Trademark Registration

Even with early acceptance, the journey isn’t over yet. To avoid conflicts with international trademark applications that have nominated Australia for protection, IP Australia imposes a six-month waiting period to consider any overlapping claims from international applications filed under the Madrid Protocol. While waiting may seem inconvenient, international conflicts are rare, with less than 2% of applications encountering opposition during this period.

Our Services: Trademark Protection and Design

At Markport™, we help small businesses and SMEs achieve similar success through our trademark protection and design services. By crafting distinctive trademarks that meet IP Australia’s guidelines, we guide you through each step of the registration process to increase the chances of early acceptance. This approach not only saves you time but can also help avoid costly examiner objections or third-party oppositions.

If you’re ready to protect your brand and achieve early acceptance, we’re here to make it happen. At Markport™, we can help you secure the trademark acceptance you need.