Trademark registration in Australia: key points
In Australia, trade marks are examined and registered by IP Australia. A registered mark gives you the exclusive right to use the mark for the goods/services you select, to license it, and to stop others using a confusingly similar mark.
- What you can register: words, logos, shapes, sounds, colours and combinations that distinguish your goods/services.
- What usually fails: marks that are too descriptive, generic, or directly refer to the goods/services without distinctiveness.
- Protection scope: limited to the classes and wording you nominate. Accurate class selection is critical.
- Timeline: most applications register in about 7–9 months if no objections or opposition arise.
- Term: 10 years from filing, renewable every 10 years.
Ask an expert to review your mark
Important: This guide provides general information about the Australian trade mark process and is not legal advice. Fees and rules change—check current IP Australia fees and consider personalised advice for complex or higher-risk filings.
Costs and timelines
Government fees depend on your filing path and the number of classes. Professional fees vary with complexity and the assistance you choose.
| Option | Typical government fees (AUD) | What you get |
|---|---|---|
| Standard application (picklist) | $250 per class | Lower cost if you can describe goods/services using IP Australia’s picklist. |
| Standard application (custom terms) | $400 per class | Use your own wording where the picklist is too narrow. |
| TM Headstart pre-assessment | $200 Part 1 + $130 Part 2 per class (total $330) | Early examiner feedback before committing to full filing; refine your application first. |
| Renewal (10 years) | From $400 per class | Renew every 10 years; late fees apply if you miss the deadline. |
Professional help: Many businesses budget $400–$1,200+ for attorney/lawyer assistance (simple filings can be less; complex matters more). Opposition or objection responses can add costs depending on evidence and submissions.
How long it usually takes
| Stage | Typical timeframe |
|---|---|
| Examination begins | ~3–4 months after filing |
| Respond to any adverse report | Deadline usually 15 months from the report issue date (extensions possible) |
| Acceptance → Opposition period | 2 months for third parties to oppose |
| Registration issued | Commonly 7–9 months total if unopposed and no objections |
Choosing the right trademark classes
Australia uses the Nice Classification (45 classes: 1–34 goods, 35–45 services). You only gain rights for the goods/services you nominate. Selecting accurate classes and wording is one of the most important steps.
Popular classes
- Class 9: software, apps, downloadable digital products
- Class 35: retailing, advertising, online marketplace services
- Class 41: education, training, entertainment
- Class 25: clothing, footwear, headgear
- Class 42: SaaS, PaaS, IT services
Tips for class selection
- Cover what you sell now and what you realistically plan to sell soon.
- Use the picklist where it fits; choose custom terms if essential.
- Avoid over-claiming. Broad claims can trigger objections or attract opposition.
- Consider filing a word mark and a separate logo for broader protection.
Application process (step-by-step)
| Step | What to do |
|---|---|
| 1. Search | Search IP Australia’s database and the market for identical or confusingly similar marks. Consider variations and phonetics. |
| 2. Choose classes | List your goods/services and map them to Nice classes. Use the picklist where possible. |
| 3. File | Submit a Standard application (picklist or custom) or start with TM Headstart to get pre-assessment feedback. |
| 4. Examination | An examiner reviews distinctiveness and conflicts. You’ll receive an acceptance notice or an adverse report. |
| 5. Respond if needed | Address objections with arguments, evidence of use, amendments, or limitations. Professional help is valuable here. |
| 6. Acceptance & opposition | Accepted marks are advertised. Third parties have 2 months to oppose. |
| 7. Registration & maintenance | Pay registration/issue fees if applicable, use the mark, monitor, enforce and renew every 10 years. |
Common issues and how to handle them
Why applications get refused
- Descriptive or generic wording (e.g., “Fresh Bread” for a bakery).
- Conflicts with earlier registered or pending marks.
- Wrong owner named (the entity that will use the mark must own it).
- Overly broad claims that don’t match real-world use.
Ways to strengthen a filing
- Choose a distinctive brand element or add a unique coined term.
- Narrow classes or goods/services to reduce conflict.
- File a word mark and a separate logo for layered protection.
- Prepare evidence for honest concurrent use or prior continuous use if relevant.
Information to prepare
Having the right information ready will make your filing smoother and your advice more precise.
- The mark you want to register (exact word, logo in high-quality format, or both).
- List of goods/services you sell now and plan to sell soon.
- Correct owner details (individual, company ACN/ABN, or trust with trustee entity).
- Any earlier overseas filing details if you want to claim priority (usually within 6 months).
- Evidence of use if your mark may face a distinctiveness objection.
Compare filing options
| Option | Best for | Pros | Cons |
|---|---|---|---|
| DIY Standard application | Simple, distinctive marks with low conflict risk | Lowest government fees; fast to start | Risk of class/wording errors; harder to respond to objections |
| TM Headstart | Unsure about distinctiveness or classes | Early examiner feedback before you commit; refine issues first | Total per-class fee is higher than Standard (if you proceed) |
| Trademark attorney | Moderate to complex matters; need objection strategy | Drafting and evidence help; higher chance of smooth acceptance | Professional fees apply |
| Lawyer (IP/brand strategy) | Disputes, oppositions, coexistence, licensing, enforcement | Holistic advice across IP, contracts, enforcement | Usually higher fees than DIY |
After you file: use, monitor and renew
- Use the ™ symbol before registration and ® after registration (only for registered goods/services).
- Monitor new filings and market use to catch potential infringements early.
- Non-use risk: after registration, continuous 3-year non-use can make your mark vulnerable to removal.
- Renew every 10 years. Keep ownership and license records up to date.
Trademark FAQ (Australia)
How much does it cost to register a trademark in Australia?
Government fees usually start from $250 per class using the Standard application with the picklist, $400 per class for custom terms, or $330 per class in total for TM Headstart ($200 Part 1 + $130 Part 2). Professional help is extra and varies by complexity.
How long does Australian trademark registration take?
Typical total time is about 7–9 months if there are no objections or oppositions. Examination usually begins around 3–4 months after filing, followed by a 2-month opposition window after acceptance.
Do I need a company to own the trademark?
No. The owner can be an individual or a company. The owner should be the entity that uses, or authorises use of, the mark in Australia. Align ownership with how you trade and license.
Word mark or logo mark—which is better?
A word mark can cover your brand in any stylisation and is often broader. A logo mark protects that specific design. Many brands file both for layered protection.
What if someone opposes my mark?
You’ll be notified and move into evidence stages. Some matters resolve through narrowing goods/services or agreement. If not, IP Australia will decide. Timeframes and costs vary with complexity.
Can I protect my mark overseas?
Yes. File directly in target countries or use the Madrid Protocol via IP Australia to extend your Australian application/registration to multiple countries.
Get free help with Australian trademark registration
Use the form below for guidance on searches, classes, filing options, likely costs, or to be connected with a trademark attorney/lawyer near you.