AUSTRALIA

TRADE MARK

A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. It is legally recognized as a type of intellectual property. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration.

REQUIREMENTS FOR TRADE MARK REGISTRATION

S.NO.                                                REQUIREMENTS.                                                                                                                 

        APPLICANTS INFORMATION

1.                                           ENTERPRISE INFORMATION.                                                                                   
2.                                           ADDRESS OF THE APPLICANT.                                                                                      
3.                                           A copy or the commercial license.                                                                                      
4.                                           Power of Attorney                                                                                                                   
5.                                           Priority document
6.                                           Passport copy

          TRADEMARK INFORMATION

1.                                            Trademarkname
2.                                            Classer product category
3.                                            When was the mark/s first used? Or are the mark/s 'Proposedto beused?
4.                                             A clear Drawing of the mark 




AustraliaFeesStructure

Applying using the TM Headstart (pre-application service).

1. This service is a quick turnaround assessment which gives you an indication of whether your trade mark is likely to encounter any problems to its registration before you publicly file.
2. Using the TM Headstart service does not guarantee registration of your trade mark. It assists you with identifying potential barriers to registration that your trade mark might face. Further, examiners can explain your options but cannot advise what is best for you.
3. Filing an application through the TM Headstart service is a 2 part payment process, and any amendments made to your request may incur an additional fee. Once you have paid your Part I fee and you have received an assessment result, you are given the option to formally file your application and receive a filing date by paying the Part 2 fee. You are only given 5 working days to consider your options before your assessment discontinues.
4. Once your trade mark has a formal filing date and is available for public inspection, only very minor changes can be made to your application.

                    

Applying using the standard filing service


   a. When you file a standard trade mark application it is made publicly available very shortly after you file your                 application. Once it is published only very minor changes can be made.

   b.With the TM Headstart process, your request is not published until you pay the Part 2 fee. This means you have        a wider range of options to overcome potental barfers to registration. You can amend your trade mark and/or            add new classes to your request.

GovernmentFees

Part 1 Fee:

New Application - per class: AUD 200

New Representation - per class: AUD 150

Additional class fee - per class: AUD 200

Part 2 fee:

per class: AUD 130

GovernmentFees

Trade mark application: AUD 250 per class

Series trade mark application: AUD 400 per class

COMPANY INCORPORATION SERVICES

company incorporation services

The incorporation of a company refers to the legal process that is used to form a corporate entity or a company. Incorporation is the way that a business is formally organized and officially brought into existence.

Documents required:

Details required for incorporation of company in Australia are as follows:

1. Driving license / National identification card of the directors
2. Passport copies of director
3. Proposed company name
4. Share capital of company and shareholder details
5. Director details and identity proof
6. Signed copy of scope of work

Fees:

The recurring and the one time set up fees (excluding GST) has been mentioned below:

Type of expense	Type of expense	Fees USD)
Company formation (Pty Ltd)	Business Establishment Services	700
Business Transactional Bank Account Opening	Business Establishment Services	750
Registered office address usage service (per Address month)	Address and Compliance Services	60
Business address facilities (Virtual office (per month)	Address Compliance Services
ASIC registered agent (ASIC compliance) (per Address annum)	Address and Compliance Services	300
Initial Setup Fee	Resident Director Services	500
Acting as local director (per month)	Resident Director Services	500




The one time set up fees will be USD 2,870 and the monthly and recurring fee thereafter will be USD 620.

General Timeline:

1. Company incorporation: 1 to 4 weeks
2. Bank account opening: 2 to 3 months




IMPORT PERMIT (FOOD)

Import Permit (Food)

The Department of Agriculture, Water and the Environment is responsible for administering requirements for imported food. All imported food must meet biosecurity requirements to be allowed into the country. Once imported food has met these requirements, foods are monitored for compliance to the Australia New Zealand Food Standards Code. The Biosecurity Act, 2015 requires that all imports of food must comply with the biosecurity conditions for their import. Commercial importers of food such as fresh fruit and vegetables or food containing milk, egg, meat or other animal products may need to obtain an import permit prior to importing the food. Biosecurity Import Conditions system (BICON) will identify whether your goods require an import permit.

Documents required

1. Product artwork label

PACKAGING AND LABELLING REVIEW

Product Packaging and Labeling Review

The product label is the primary method of communicating the product information between companies / brands and their consumers. It provides basic product information, as well as nutritional and safety details, and acts as a vehicle for marketing and advertising. Regulatory authorities have established and enforced the policies and standards that are used to protect consumers against false or misleading representation in the product label.

The primary role of packaging is to contain, protect and preserve a product as well as aid in its handling and final presentation. Packaging also refers to the process of design, evaluation, and production of packages. The packaging needs to be done as per the regulations of the Import country.

The process flow for the Product label and packaging review is as follows:

1. Assessment of the product and review of the legal requirements of the labels, including product name, nutrition facts, durability dates, storage conditions, net contents, country of origin, font size, claims and all other mandatory requirements that are essential to comply with the regulations of your destination countries.
2. In order to review your product labeling and packaging, please share the existing product labels along with the process flow document and submit the same. Upon receipt of completed documents and payment, XPAND CROSS BORDER will review your labels and share the changes required on the labels as per the relevant regulations.

Note:

1. Review of MSDS / Label ingredient list / Certificate of Analysis / any other technical documentation is not part of the label review and if required will be charged separately as per the agreed scope.
2. The packaging and labeling review will be performed as per applicable guidelines (as on date of deliverable which is subject to change in provisions of applicable laws) of respective regulatory authorities.

Like packaging, labeling should also be done with extra care. It is also important for an exporter to be familiar with all kinds of sign and symbols and should also maintain all the nationally and internationally standers while using these symbols. Labeling should be in English / or the native language of the Import country and words indicating country of origin should be as large and as prominent as any other English wording on the package or label.

Penalties / fines can be levied in case the packaging and labeling do not conform to the regulatory standards of the Import country. The customs can return or even destroy the shipment at the port of entry.

Details required are as follows:

1. Product Artwork (in PDF format)
2. MSDS
3. Signed copy of scope of work

Fees and timeline:

1. Professional fees (Standard Approach) - USD 150 for upto 10 labels or USD 30 per label (For 1 label review).
2. Professional fees (Consultative Approach) - USD 60 per label
3. Timeline for label review - 7 working days

IMPORTER ON RECORD

The importer on record is responsible person at destination market for Customs documentation purposes. (a scope and agreement attached herewith for better understanding and execution).

Please find below the IOR process flow :

1. Assessment of product licensing for product category [this activity includes appointment of Importer and review of packing and labeling as per the guidelines]. You can also access the compliance requirements through here to access the Global Compliance Assessment Tool.
2. Sign off of IOR agreement with destination market entity (agreement copy: click here)
3. Mention the  IOR details at invoice in "BUYER (Other than Consignee)" column (along with  Import Code);
4. Please make sure that all the product displays importer information as "legal representative".

• Once shipment reached destination market, custom send us mail for approval and shipment will be cleared;

• Any other part which is agreed on mutual basis.

Details required:

1. Signed copy of Importer Agreement (attached herewith)
2. Invoice and packing list
   Airway Bill Number
3. Declaration about the shipment (at "Apply Here Section") |

Fees and timelines:

  

GST REGISTRATION

Goods and Services Tax (GST) Registration

The Goods and Services Tax (GST) is generally levied at 10% on the supply of goods and services. For foreign companies providing goods or services 'connected with Australia', there may be a statutory obligation to register for GSTi

There is an annual GST registration threshold of AUD 75,000, based on both the current and projected turnover. It is not compulsory to

register if your annual sales Turnover is below this amount.




Types of GST registration:

Most non-resident businesses that are required to register for Australian GST can choose from two types of GST registration - 'simplified' or 'standard'.

A. Simplified GST registration is for non-residents who make sales of:

• online services and digital products to Australia (referred to as imported services and digital products or intangibles)

• goods valued at A$1,000 or less (low value imported goods).

B. Standard GST registration is for businesses that:

1. have an Australian business number (ABN) |
2. make supplies connected with Australia
3. issue tax invoices

•want to claim os credits.

Process flow for GST application:

The process flow for the GST registration application is as follows:

1. Siqn off the Process flow with Stelcore group company for destination market
2. Post receipt of all the documents required for the project, our representative creates an application with respective authority;
3. Our TAT for the application will be 24-48 hours post receipt of final documents. Sales / VAT / GST will be issued in 45 - 60 days from the date of submission of application.
4. In case, any deviation, it will be communicated in due course of processing of the application. In case of any query / rejection, resubmission will be taking 4 - 5 days.
5. In case, any further support is required, it will be guided by Stelcore and merchant need to provide the necessary documents for the

SdITI

Details required are as follows:

" company incorporation certificate

1. Applicant Identity proof (Passport / National ID card)
2. Brief description of service provided / goods traded by the applicant
3. Bank account details (Name of bank and address, Account holder name, Account number, Swift / BIC code) |
4. Tax certificate in the country of origin (like VAT registration, GST registration, Sales tax registration, etc) |
5. Email Id and contact number of Director(s)/ Proprietor(s)
6. ABN registration number (for Standard GST registration)
7. Signed copy of process flow

Fees and timeline:

A. Simplified registration

1. Professional fees for GST registration - USD 100 + tax
   Professional fees for GST return (per filing) - USD 20 + tax
2. Timeline - 5 to 7 working days

8. Standard registration

1. Professional fees for GST registration - USD 100 + tax
2. Professional fees for ABN registration - USD 150 + tax

• Professional fees for GST return (per filing) - USD 30 ÷

• Timeline - 25 to 60 working days




GST RETURN FILING




Goods and Sales Tax (GST) Return Filing

Applicant has to submit a Goods and Sales Tax (GST) Return to Australian Tax Office (ATO) for the tax period as specified by the authorities.

In order to file GST return for the relevant period, we will require the following:

Total amount of sales (through marketplace such as Amazon or through offline channels)

1. Total amount of purchases
2. Any other relevant documents (such as bill of entries, if any)
3. Login credentials of the tax portal
4. Signed copy of scope of work

Every business registered for GST needs to file GST return even if they have "NO LIABILITY" or "NO SALES" for the respective tax period.

Return Filing Process:

1. Signed copy of the sign-off document needs to be downloaded and shared with XPAND CROSS BORDER group company for destination market.
2. Post receipt of requested data and all the other relevant documents required for return filing, our TAT for the review will be 24-48 hours

Dost recelot of tina documents

1. Post review or documents, Gol will be tiled within <-3 days (along wich discussion wich merchant about the working or the return) with regulatory authorities.
2. In case, any deviation, it will be communicated in due course of processing of the return filing process.
3. Post return filing, an acknowledgement will be shared for your record. In case, the submission is through agent log-in, no log-in details will be shared (refer note for details).
4. In case, any further support is required, it will be guided by XPAND CROSS BORDER and merchant need to provide the necessary documents for the same.
5. Payment of the GST liability is responsibility of the merchant. XPAND CROSS BORDER can provide the customized support for the same.

Fees and timeline:

1. Simplified registration

          Professional fees for GST registration- USD 100 + tax

          Professional fees for GST return(per filing)- USD20 + tax

          Timeline - 5 to 7 working days

   b. Standard registration 

           Professional fees for GST registration- USD 200 + tax

           Professional fees for GST return(per filing)- USD30 + tax

           Timeline - 25 to 60 working days




Authorised Representative

The role of the Authorised Representative (AR) is to act as sort of a contact point for non-resident businesses selling products to destination market consumers - without having an actual presence in the destination market. Not having a presence, in this case, refers to non-resident businesses without an address and company entity anywhere in the destination market.

The Authorised Representative (AR) is a destination market-based company that provides the representative services for sale of goods

through online as well as offline channels as well as for registration and licensing purposes.

Requirements:

1. Sian-off of agreement with XPAND CROSS BORDER

2. Providing the required licenses and test reports for the products being sold in the destination market

Fees and timeline:

• Professional Fees - USD 100 per month / USD 900 per annum.

• Timeline - 1 working day post receipt of signed agreement copy.