Can I register a trade mark for a hashtag?

The “#” itself is likely to be considered by IP Australia in most circumstances to be “non-trade mark material” in the same way “www.com.au” domain extensions are not. However, sometimes, a brand might accumulate enough value in the “#” itself that it becomes trade mark material as well. Example might have been Slack, the communication tool, before it re-branded.

IP Australia has some more information here.

The process to register a trade mark for a hashtag in Australia

The Australian trade mark registration process is conducted through IP Australia.

IP Australia is the governing body of all registered intellectual property in Australia.

After filing a normal trade mark application for your hashtag, you will receive a notice of filing within a few days. You’ll obtain confirmation from IP Australia that the mark has been applied for and a priority date allocated.

From there, it usually takes 2 or 3 months for the mark to be formally examined by a trade mark examiner, at which point they will indicate whether IP Australia has any objection to the mark, or if IP Australia thinks anyone else would have an objection.

The costs to register a trade mark for a hashtag

We charge a flat fee $850 + GST + government charges to file a trade mark, then $275 + GST for ongoing management of the trade mark up to final registration.

The government charges are $330 per class per application for a headstart application and $250 per class per application for a straightforward application.

Feel free to enquire with us about getting your hashtag trade marked!