Trademark Registration in Australia

Trademark registration in Australia is handled by IP Australia under the Trade Marks Act 1995, and a registered trade mark gives you exclusive rights to your brand across every Australian state and territory for the goods and services you list.

1. Registry - IP Australia
2. Governing law - Trade Marks Act 1995 (Cth) and Trade Marks Regulations 1995
3. Official fees - AUD 250 per class (standard with picklist), AUD 400 per class (standard without picklist), AUD 330 per class (TM Headstart)
4. Examination - First examination usually within about 3 months of filing
5. Opposition period - 2 months after acceptance is advertised
6. Earliest registration - 7.5 months from the filing date
7. Validity - 10 years from the filing date, renewable every 10 years
8. Use rules - A mark can be cancelled after 3 continuous years of non-use, once 5 years have passed since filing
9. Foreign applicants - Allowed, with an address for service in Australia or New Zealand
10. Madrid Protocol - Australia is a member and can be designated in an international application

Registering a trade mark in Australia gives you clear legal ownership of your brand, which makes it easier to enforce, license or sell.

• A business name or ABN does not protect your brand. A business name or ABN only lets you trade under that name, so a competitor can still register it as a trade mark and stop you from using it.
  
  
• Exclusive rights across Australia. A registered trademark covers the whole country, so you can expand into new states without worrying about local conflicts.

• Simpler enforcement. You can take infringement action under the Trade Marks Act without first having to prove your reputation in the market, which is required in passing-off claims.
  
  
  
• Protection at the border. Registered owners can lodge a notice of objection with the Australian Border Force, which allows suspected counterfeit goods to be seized at import.
  
  
  
• A valuable business asset. A registered trade mark can be sold, licensed or franchised.

• Trademark search and clearance: We search the Australian register and common law uses to assess risk before you file.
• TM Headstart filing: Our dedicated IP team files through IP Australia's pre-application service so an examiner reviews your mark early.
• Trademark application filing: Our IP attorneys draft your goods and services description and file a standard application in the right classes.
• Examination report response: We prepare written arguments and evidence to overcome objections raised by IP Australia.
• Trademark opposition: Our IP professionals file or defend oppositions during the two-month opposition period.
• Non-use removal: Our team applies to remove unused marks that block your application, and we defend your registration against removal attempts.
• Trademark renewal: Our trademark attorney tracks deadlines and renews your registration every 10 years.
• Madrid designation: We designate Australia through the Madrid Protocol or extend your Australian mark overseas.
• Watch and enforcement: Our team monitors new filings and acts on infringement.

To register a trademark in Australia, you search for conflicting marks, choose your classes, file an application with IP Australia, respond to any examination report, and wait for the opposition period to end before registration.

1. Free consultation (within 1 business day): We learn about your brand and business plans.
2. Trademark search and clearance report (2 to 3 business days): We check for similar marks and explain your chances of success.
3. Classification and specification (1 to 2 business days): We select the correct classes and draft protective wording.
4. Filing with IP Australia (within 1 business day of approval): We file through the standard route or TM Headstart and send you the filing receipt.
5. Examination and response (around 3 months): IP Australia examines the application, and we respond to any adverse report on your behalf.
6. Opposition period and registration (2 months after acceptance): Once the opposition period passes without challenge, your trade mark is registered, and we send your certificate.

Trademark registration in Australia usually takes 7.5 to 12 months, and 7.5 months from filing is the earliest a mark can be registered by law.

Timeline graphic:

• Day 1: Application filed and filing date secured
• Around 3 months: IP Australia examines the application
• If objections are raised: You have up to 15 months from the first report to reach acceptance
• Acceptance: The mark is advertised in the Australian Official Journal of Trade Marks
• 2 months after advertisement: The opposition period closes
• From 7.5 months: The trade mark is registered

Overseas companies and individuals can register a trade mark in Australia without having an Australian office, company or ABN, as long as they provide an address for service in Australia or New Zealand.

Abou Naja IP provides an Australian address for service through our partner network, manages IP Australia correspondence for you, and can file directly in Australia or through the Madrid Protocol.

A Madrid designation depends on your home registration for its first five years, so the Australian protection can fail if the home mark fails.

1. Submit the form or call us.
2. Get a free consultation and trademark search.
3. Accept your fixed-fee quote.
4. We file your application with IP Australia.
5. Track progress through to registration.