Trademark Registration in Australia:
A Strategic Asset for Your Business

Securing a trademark is a crucial step in building a successful business. It protects your brand identity and helps you stand out in the marketplace. In Australia, the process is straightforward, but you need to know the right steps to take.

This guide will walk you through the key considerations for registering a trademark in Australia and explain how you can protect your brand internationally.

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What’s a Trademark?

A trademark is a sign you use to distinguish your goods or services from those of others. It can be a word, a logo, a shape, a sound, or even a scent. Think of it as your brand’s unique fingerprint.

When you register a trademark, you get the exclusive legal right to use it. This not only protects your brand from misuse but also adds significant value to your business, supports future growth, and signals professionalism to your customers.

The Australian Trademark Registration Process

The journey to registration has a few key stages. Here’s a breakdown of what you need to know.

The Pre-Application Check

Before you submit your application, you should conduct a thorough trademark search. This helps you find out if there are any existing trademarks that are too similar to yours. This step is vital because it can save you time and money by preventing a failed application.

Filing Your Application

Once your search is complete, you file your application with IP Australia. The process then moves through these stages:

  1. Examination: An examiner reviews your application to ensure your mark is distinctive and doesn’t conflict with any existing trademarks.
  2. Publication: If your mark is accepted, it’s published in the Australian Official Journal of Trade Marks. This gives others a two-month window to object to your application.
  3. Registration: If no objections are raised (or if they are successfully resolved), your trademark is officially registered!

Responding to an Objection

Sometimes, an application might be rejected. Common reasons include:

  1. The trademark isn’t distinct enough.
  2. It’s too similar to a mark that’s already registered.
  3. It could mislead consumers.

Don’t worry, you can often respond to these objections. You might need to make small changes to your application or provide a written submission explaining why your mark is unique and won’t cause confusion. For example, a software company, XYZ Corp, once had its application rejected because of a conflict with another IT-related trademark. By clearly explaining how its services were different, XYZ successfully got its trademark registered.

Protecting Your Trademark Globally

If you plan to sell your products or services overseas, you’ll want to protect your trademark internationally.

Australia is a member of the Madrid Protocol, which simplifies the process of getting trademark protection in multiple countries. You can file a single application and choose from a list of member countries, including the US, the UK, and Japan. For countries not covered by the protocol, you’ll need to hire a local agent to file an application on your behalf.

The Value of a Registered Trademark

Getting a trademark is more than just a legal formality—it’s a smart business decision.

Brand Identity and Reputation: It solidifies your brand’s presence in the market and discourages unauthorized use.

Commercial Asset: A registered trademark is a valuable business asset that you can sell, license, or use as security for a loan.

Legal Protection: It gives you a clear legal basis to take action against anyone who tries to copy your brand.

Digital Safeguards: It helps you secure your rights to domain names and other digital assets.

While the initial costs might seem high, the long-term benefits—market exclusivity, legal certainty, and increased brand value—are significant. Ultimately, a registered trademark is a strategic investment in the future of your business.

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Your Most Common Questions About Australian Trademark Registration, Simplified.

Got Questions? We Have Answers.

Registering a business name with ASIC simply allows you to operate under that name. It doesn’t give you exclusive rights. A registered trademark, on the other hand, grants you the exclusive legal right to use your brand in Australia and helps prevent others from using a similar name or logo for the goods or services you’ve protected

The process typically takes a minimum of 7 to 9 months, provided there are no objections. This includes the time for IP Australia to examine your application and the two-month public opposition period.

A trademark “class” is a category for goods and services. Australia uses a system of 45 classes to categorise everything from chemicals (Class 1) to legal services (Class 45). You must choose the correct class(es) that accurately describe your business’s goods or services. Registering in the wrong class can make your trademark unenforceable.

Generally, no. IP Australia will not register a trademark that is not “distinctive.” This includes descriptive words, common surnames, and geographical names that should be available for all businesses to use. For example, you can’t trademark “Best Coffee” for a coffee shop.

The cost to register a trademark in Australia varies. While the minimum is $250 AUD per class for a standard application, the final price can be higher. This includes fees for services like a preliminary infringement search (from $1,500 + GST), additional classes (from $250 + GST), and legal submissions or responses to objections (from $1,000 + GST). The total cost can increase if you use a pre-application service like TM Headstart (from $330 AUD per class) or if your application runs into objections that require professional assistance.

TM Headstart is an optional pre-application service from IP Australia. For an extra fee, an examiner provides a confidential preliminary assessment of your trademark within five business days. This can help you identify and resolve potential issues before you formally file, increasing your chances of success.

es, but they are often treated as separate trademarks. If you want to protect both, you may need to file two separate applications: one for the word mark (the name) and one for the logo (a device or image mark).

While you don’t have full legal protection until the trademark is registered, the date you file your application becomes your “priority date.” This means your rights are considered to have started from that date, which is important if a competitor tries to register a similar mark after you.

If a third party objects during the two-month opposition period, you will be notified. You then have the opportunity to respond to their opposition, either by providing evidence or by entering into negotiations. This process can add significant time and cost to your application.

Once registered, a trademark is valid for 10 years. You can renew it indefinitely by paying the renewal fee, which ensures your brand remains protected for as long as you use it.

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