Your brand name and logo are often the first things customers remember about your business. Registering them as a trade mark gives you the exclusive right to use them for your goods and services across Australia, and a clear legal basis to stop others from trading on your reputation.
The process is managed by IP Australia and follows a set path from search to registration. This guide explains how to register a trade mark in Australia, step by step, and where applications most often run into trouble.
What Can be Registered as a Trade Mark in Australia?
A trade mark in Australia can be a word, name, logo, slogan, shape, colour, sound or even a scent, as long as it distinguishes your goods or services from those of other traders. Marks that simply describe what you sell, such as “Fresh Bakery” for bread, are usually hard to register. Distinctive or invented names tend to have a smoother path.
Step 1: Search the Australian Trade Mark Register
Before you file, check that no one has already registered or applied for the same or a similar mark for related goods or services. IP Australia’s free online search tool lets you search the Australian trade mark register and is a good starting point. The harder part is judging similar spellings, sound-alikes and marks with similar meanings, because that is where the real risks sit.
A professional trade mark clearance search looks at those risks and at unregistered use in the market, before you invest in signage, packaging or a website.
Step 2: Choose Your Classes and Describe Your Goods and Services
Australia uses 45 classes: 1 to 34 for goods and 35 to 45 for services. You nominate the classes that apply and list the specific goods or services within each. IP Australia charges fees per class, and using its pick list of pre-approved terms costs less than writing your own descriptions.
This step matters more than most applicants realise. You cannot add goods or services after filing, so a list that is too narrow may leave gaps in your protection. Our trade mark attorneys can help you by drafting a specification that will match how you trade today and where your business is heading.
Step 3: Make Sure the Right Person or Entity Applies
The applicant must be the owner of the trade mark. If your business operates through a company, the company, not a director personally, is usually the right applicant. If you trade through a trust, the application is filed by the trustee. Getting this wrong can make the registration vulnerable later, as we explain in who owns my trade mark, me or my company?
Step 4: File Your Application With IP Australia
Applications are filed online with IP Australia. Once filed, your application receives a filing date, which becomes the date your rights run from if the mark is registered. IP Australia also offers TM Headstart, a pre-assessment service that gives early feedback before the application is finalised.
From filing, you can use the ™ symbol to show you claim the brand. The ® symbol may only be used once the mark is registered.
Step 5: Examination and Responding to Objections
An IP Australia examiner reviews your application against the Trade Marks Act 1995. If there are issues, you will receive an examination report. Common objections include:
- the mark describes the goods or services
- the mark is similar to an earlier trade mark
- the goods or services are unclear or wrongly classified
You generally have 15 months from the date of the first examination report to overcome objections and have the application accepted. Responses can include written arguments, evidence of use or amendments. In some cases, a hearing is worth considering, as covered in our article on turning trade mark objections into opportunities.
Step 6: Acceptance, Opposition and Registration
Once accepted, your trade mark is advertised and third parties have two months to oppose it. If you receive a notice of opposition, our guide on what it means if someone opposes your trade mark explains the next steps.
If there is no opposition, or it is resolved in your favour, the mark proceeds to registration. Registration takes at least seven months from the filing date. A registered trade mark lasts 10 years from filing and can be renewed for further 10 year periods indefinitely. If you plan to trade overseas, your Australian application can also form the basis for international protection through the Madrid system.
Key Takeaways
- Search the Australian Trade Mark Register before you file, not after.
- Your goods and services are fixed on the filing date, so choose your classes carefully.
- The application must be filed in the name of the true owner of the brand.
- Registration takes at least seven months from filing and lasts 10 years, with renewals.
Register your trade mark with confidence
An application that is searched, classified and filed correctly the first time saves time and cost later. If you are ready to protect your brand, talk to our trade marks team about your application.
Frequently Asked Questions –
- How long does it take to register a trade mark in Australia?
Trade mark registration in Australia takes at least seven months from the filing date, provided the application progresses without unresolved objections or opposition. After acceptance, third parties have two months to oppose the application before it can proceed to registration. - How much does it cost to register a trade mark in Australia?
The cost depends on the classes of goods and services included in the application. IP Australia charges fees per class, and the total cost can also depend on whether you use services such as TM Headstart or obtain professional assistance with searching and filing. - Can I register a business name as a trade mark in Australia?
Registering a business name does not automatically give you trade mark rights. A trade mark application must be filed with IP Australia, and the applicant must be the true owner of the mark. Registering the trade mark provides protection for the specified goods and services. - How do I check if a trade mark is already registered in Australia?
You can search the Australian Trade Mark Register using IP Australia’s online search tool before filing your application. It is important to look beyond exact matches and consider similar spellings, sound-alike marks, meanings and related goods or services that could create a conflict. - What happens after I apply for a trade mark in Australia?
After filing, IP Australia examines the application and may issue an examination report if there are objections. If the application is accepted, it is advertised and third parties have two months to oppose it. If there is no opposition, or an opposition is resolved in your favour, the trade mark proceeds to registration.
