Trademarks are critical business assets that protect brand identity and underpin commercial success. A registered trademark gives you the exclusive right to use your brand and prevents others from leveraging its reputation. In Australia, the trademark registration process is relatively straightforward—provided you understand the legal and procedural steps involved.
This guide sets out the key considerations for trademark registration in Australia and explores the options for international protection.
Great ideas spark success
protecting them with a trademark is the first step from inspiration to impact.
What is a Trademark?
A trademark is a sign that distinguishes your goods or services from those of others. It can include words, logos, images, colours, shapes, sounds, or even scents.
A registered trademark not only protects your brand from misuse but also enhances its value, supports expansion, and signals professionalism and legitimacy to customers.
The Australian Trademark Registration Process
1. Preliminary Checks
Before applying, it is essential to conduct a trademark availability search. This helps identify any similar or conflicting marks already on the register. An infringement search can save time and avoid the cost of a failed application.
2. Filing the Application
Applications are submitted to IP Australia. Key stages include:
- Examination: The mark is assessed for distinctiveness and any conflicts with existing trademarks.
- Publication: If accepted, the mark is advertised in the Australian Official Journal of Trade Marks. This triggers a two-month period for third-party opposition.
- Registration: If no objections are raised—or if they are resolved—the trademark proceeds to registration.
3. Fees
Typical costs include:
- Infringement search: $1,500 + GST
- Filing (first class): $1,000 + GST
- Additional class: $250 + GST
- Post-examination response and legal submissions: From $1,000 + GST
Responding to Objection
Common grounds for refusal include:
- Lack of distinctiveness
- Similarity to existing marks
- Potential to mislead consumers
Applicants can respond by amending the application or filing written submissions to demonstrate that the mark is distinctive and unlikely to cause confusion.
Example: A software company, XYZ Corp, initially faced rejection due to a conflict with another IT-related trademark. By clarifying the different nature of its services and revising its application, XYZ secured successful registration.
Protecting Your Trademark Internationally
Australia is a signatory to the Madrid Protocol, enabling businesses to apply for protection in multiple member countries via a single application. Common destinations include the US, UK, EU, UAE, Japan, and Germany.
For countries not covered by the Madrid Protocol—such as Saudi Arabia—you must engage local agents to file directly in those jurisdictions.
Additional Considerations
- Renewal: Australian trademarks last 10 years and are renewable indefinitely.
- Expedited Examination: Available for urgent cases for an additional fee.
- ® Symbol: Once registered, you are entitled to use the ® symbol to denote legal protection.
Why Trademark Registration Matters
- Brand Identity & Reputation
Registration solidifies your brand’s presence in the market and deters unauthorised use.
- Commercial Value
A registered trademark is a business asset. It can be licensed, assigned, or used as security.
- Legal Protection
It provides a clear legal basis to enforce your rights against infringers and copycats.
- Digital Safeguards
Secures rights over domain names and other digital brand assets.
- Global Expansion
Lays the foundation for protecting your brand in overseas markets.
- Cost-Efficiency
While the upfront costs may seem high, the long-term benefits—market exclusivity, legal certainty, and brand value—are substantial.
Conclusion
Trademark registration is not merely a legal formality—it is a strategic investment in your brand’s future. Whether you are launching a startup or scaling an established enterprise, securing your intellectual property rights in Australia (and abroad) should be a top priority. Done properly, it adds real and lasting value to your business.