Australian trade mark registration

The trade mark registration process

The steps below explain how to register a trademark in Australia, from deciding what to protect through to registration and ongoing care. Understanding the trademark application process in advance helps you prepare the information IP Australia needs and anticipate where delays can occur.

1 Choose what you want to protect

A business may use any sign as a trade mark including, for example, a trading name, product name, slogan and logo. Consider which elements identify your business and whether separate applications are appropriate.

Think beyond the immediate launch. If the logo is likely to change, or different products use different names, discuss those plans before deciding what to file.

2 Confirm the applicant

The application must identify an appropriate legal owner. A business name is not itself a legal entity. For company trademark registration in Australia, the company should generally be the applicant if it owns the brand, rather than a director or the business name. Individual and trust arrangements also need to be considered carefully so the application reflects the actual ownership position.

IP Australia’s application guidance explains the information required. We can help you assess the applicant details before filing.

3 Search and assess the proposed mark

Searching helps identify existing marks both on the Trade Marks register and in the marketplace that may be relevant. Exact matches are only part of the picture; similar marks and the goods or services they cover also matter.

You can begin with Australian Trade Mark Search. For advice on the results and the prospects of registration, ask about a comprehensive trade mark search.

4 Select the goods and services

Your specification describes the goods and services the application covers. They are organised into trade mark classes. The wording should reflect your business and genuine plans for using the mark.

An application is not a reservation of a name for every possible activity. Choosing appropriate coverage at the outset helps avoid gaps, unnecessary expense, and challenges by third parties.

5 Choose a filing route

You can file a standard application or consider TM Headstart, IP Australia’s pre-application assessment service. Headstart provides an early indication of examination issues before the request progresses to a formal application. It does not guarantee registration. Nor does it identify infringement risks posed by prior use of the same trade mark in the marketplace.

A Headstart request is not the same as a filed application. The applicable steps and payments must be completed before it receives a filing date. We can explain the difference when discussing the route that suits your circumstances.

6 Examination and any objections

IP Australia examines the application. If an issue is raised, an examination report explains what needs to be addressed. Responding may require legal submissions, evidence or consideration of a different approach.

An adverse report is not the same as an opposition by another business. It is important to identify which process you are dealing with and the relevant deadline.

7 Acceptance and opposition

Acceptance is a step towards registration, not the final result. Publication of acceptance starts a two-month opposition period. Our opposition process guide explains what happens if an opposition is filed.

8 Registration and ongoing care

If the application meets the requirements and any opposition is resolved in its favour, it can proceed to registration. Keep the registration details with your business records, record the renewal date and review the coverage when your brand changes.

How long does registration take?

IP Australia states that registration takes at least seven months. Examination issues or an opposition can make it longer. An early assessment through Headstart does not remove the minimum registration timeframe. See IP Australia’s current timeframes and fees.

If you have a launch date, tell us before filing. An application or preliminary assessment should not be treated as a guarantee that using the brand is safe.

What our registration service can cover

Our trademark registration service can cover advice on the proposed mark, the applicant and the goods or services, the choice of filing route and preparation of your Australian trademark application. We can also assist if an issue arises during examination or another party challenges the application.

The engagement should identify which stages are included, from initial advice through to registration of your trademark. A straightforward filing and a contested application require different amounts of work, so ask us to explain how additional work would be scoped.

You do not need a lawyer to register a trademark in Australia, and IP Australia accepts applications directly from business owners. However, a trademark lawyer is can help where ownership, earlier marks, coverage or an objection needs judgement. Those decisions shape the trademark protection you end up with.

If you are comparing providers to find the best trademark registration service for your business, look at what each one actually does. Ask any trademark registration service provider, including us, whether searches, advice on ownership and coverage, and responses to objections are included or charged separately.

Location does not change the process of trademark registration in Australia. Every trademark application Australia-wide is examined by IP Australia under the same rules, so a trademark application from Sydney, Australia and trademark registration for a Melbourne business follow the same steps. If you want to register a trademark in Sydney, you are welcome to meet us at our office, or we can work with you remotely.

Registration costs

Your total depends on the number of marks, classes, filing route and professional work required. IP Australia charges and legal fees are separate components.

Our guide to how much it costs to register a trade mark explains the main costs. Send us your proposed mark and a description of your business for a quote suited to the application.

Trade mark registration videos

Common questions