An Australian trademark registration is the only thing that lets you stop a competitor using your brand. Simply pointing at a business name registration or domain name won't do it.
Getting one takes at least 7-8 months and it must be carefully drafted at the outset to minimise the likelihood of objections.
I file in Australia and New Zealand directly, as part of my broader trademark services. Fixed fee, quoted before I start, and if I don't think your name will get through I'll tell you before you spend anything on it.
How to register a trademark in Australia
"Warren's expertise made my trademark filing smooth and empowering. Highly recommended! Thanks for your outstanding service and i look forward to working together again in the future!"
- Deon Kenzie
Written by Warren Wong
Registered Australian and New Zealand Patent Attorney and Trade Marks Attorney.
At a glance
Term: ten years from your filing date, renewable indefinitely in ten-year periods
Examination: automatic, usually three to four months after filing. No request needed, unlike patents
Deadline to overcome objections: fifteen months from the date of the first examination report
Opposition window: two months after acceptance is advertised
Minimum time to registration: 7.5 months if no objections are raised
Official fees: $250 per trademark class (or $400 if a custom specification is required)
Protection starts: backdated to your filing date, not the date it registers
Before you file
Three decisions do most of the work and are crucial to get right at the outset.
The mark itself. Whether it's distinctive enough to register, and whether anything already on the register stands in the way. → Choosing a trademark
The goods and services. What you're actually claiming. This defines the boundary of your rights, and it can be narrowed after filing but not broadened.
The owner(s). The trademark should be owned by the entity (e.g., a person or company) that uses it in the course of trade. A discrepancy here can lead to the trademark being removed for non-use (on the basis that it has not been used by the actual owner).
Classes, and getting the specification right
Trademarks are registered for specific goods and services, classified into 45 classes under the Nice Classification. Classes 1 to 34 cover goods; 35 to 45 cover services.
What goes wrong in both directions:
Too narrow, and your registration may not cover the business you grow into.
Too broad, and you may be more likely to be unnecessarily blocked by third party marks conflicting with your broad trademark specification. Claiming goods and services you never offer also leaves the registration exposed, because unused coverage can be removed for non-use on application by someone who wants it.
The process, step by step
Filing. Mark, owner details, goods and services, official fees. Your filing date is locked in and becomes the date your registration runs from.
Examination. Usually within three to four months from filing. The examiner assesses whether your mark can distinguish your goods and services, and whether it conflicts with earlier marks.
Adverse report, if there are objections. Common, and often surmountable. → Responding to trademark objections
Advertisement and opposition. Acceptance of your application is advertised and anyone can oppose it for two months. Most applications are never opposed.
Registration. Assuming no opposition, your mark proceeds to registration, backdated to your filing date. Ten years of protection from there.
What it costs
For most applications covering a single trademark class, budget for around $965 (this includes IP Australia's official fee and GST). Assuming no objections and no opposition, that's the total to get through to registration.
Beware of firms that also invoice when reporting acceptance, and/or registration. These actions are administratively trivial and you shouldn’t be milked for them.
After registration
Use it. A registration you don't use for the goods and services claimed can be removed for non-use. Registration isn't the finish line; it's the start of the obligation to actually trade under the mark.
Use ® correctly. Once registered, you can use ®. Using it on an unregistered mark is an offence. Before registration, ™ is available for any mark you claim rights in.
Renew on time. Every ten years, otherwise say goodbye to your exclusive trademark rights.
Keep the register accurate. If the owning entity changes, restructures or is sold, the register needs updating. An out-of-date owner on the register causes problems at exactly the moment you need to rely on the registration.
Filing beyond Australia
If you're selling into other markets, the deadline to know about is six months. That's how long you have from your Australian filing date to claim its priority overseas, either through the Madrid Protocol or by filing directly in each country.
Tell me on the first call if export is on the horizon, even if it's a year or two away. It might be worth checking that your trademark is registrable overseas too. → International trademark applications
Frequently asked questions
How long does it take to register a trademark in Australia?
Around seven to eight months from filing if there are no objections and no opposition. Examination is usually three to four months after filing, and the two-month opposition period after acceptance can't be shortened.
How much does it cost to register a trademark in Australia?
Official IP Australia fees are charged per class of goods and services and are published on their website. Professional fees cover advising on the mark, drafting the specification and filing. The number of classes is the largest variable.
When does my trademark protection start?
Registration is backdated to your filing date, so your ten years runs from the day you filed, not the day it registered.
Do I have to be using the trademark before I file?
No. You can file based on an intention to use. But you do need to use it after registration, because an unused registration can be removed for non-use on application by a third party.
Can I add goods or services after filing?
No. You can narrow a specification after filing but not broaden it. Adding goods or services requires a fresh application with a later filing date, which is why getting the specification right at the outset matters.
Do I need to register in New Zealand separately?
Yes. New Zealand has its own register and its own examination. I'm registered in both countries and file New Zealand applications directly, so it's usually efficient to do both together.
What happens if someone opposes my application?
Opposition is a contested proceeding involving evidence and usually a hearing, and it adds significant time and cost. Most applications are never opposed and pass through the two-month window untouched. If yours is opposed, get in touch quickly, because the deadlines are short and the early steps matter.
Ready to file?
Tell me the name and what you sell, and I'll come back with a fixed fee, the classes I'd recommend, and anything I've spotted that might get in the way.