FOR IP PROFESSIONALS

TM Headstart FAQs

Who uses TM Headstart?

TM Headstart is ideal for first time users who want to protect their trade mark, but don't have much knowledge of the trade mark registration process. Many users may have previously filed another trade mark application, but want to check if a new trade mark can be registered. The personalised service offered by TM Headstart appeals to everyone.

Does TM Headstart deal with all types of trade marks?

No. TM Headstart does not cater for:

If your trade mark falls into one of these categories you'll need to file an application through the standard trade mark application system.

What are the fees for TM Headstart?

TM Headstart attracts a fee per class of goods or services. This fee must be paid online using a credit card at the time of submitting your request. If after your request has been assessed you decide to convert to a trade mark application you'll then need to pay the Part 2 fee. This can be paid online or over the phone. There may also be fees for amending your request during the TM Headstart process, such as changing your trade mark or adding classes of goods and/or services.

Why do I need to choose goods or services?

Trade marks are registered in respect of particular goods or services. When submitting a TM Headstart request, you need to specify which class of goods or services you are using your trade mark in relation to (ie. what goods you are making or what services you are providing to your customers). When deciding this it might be useful to consider how your business makes its money.

The fee is per class of goods or services. What does this mean? How do I know how many classes I need?

All goods and services are grouped into 45 different classes using an international classification system. Classes 1 to 34 are for goods and classes 35 to 45 are for services. Once you have an idea of the goods or services you want, the online form will help you to identify what class they fall into by using the goods and services pick-list and how many classes you need. Note that you are not limited to one item per class. Several items relating to one class may be selected as the fee is calculated on a per class basis.

What is the goods and services pick-list?

The pick-list is an extensive list of goods and services that you can select from. Simply type the term you are interested in (eg. fruit) into the box on the form and the pick-list will provide you with a list of options to choose from.

You can select as many items as you wish from the pick-list, but remember that the fees are calculated per class of goods or services rather than per item.

For example, if you want protection for cutlery, you can choose "Cutlery". It is then unnecessary to also choose "Articles of cutlery"; "Table cutlery", "Cutlery for use by babies" as these are all covered by the broad term "Cutlery".

Once you have selected the items you want they will be displayed on the form under their relevant class number. If you decide that you don't want to include an item simply select remove and the item will be deleted from your request.

Do I have to use the pick-list?

Yes. You can only make a TM Headstart request using the goods and services pick-list. The pick-list must also be used for any amendments to the goods and/or services in a TM Headstart request.

Can I amend the goods and services once I have submitted the TM Headstart request?

Yes, amendments can be made once the TM Headstart request has been submitted, but there may be additional fees.

You can choose to delete goods or services from your TM Headstart request at any time, but fees won't be refunded once the TM Headstart request has been submitted.

As this is a fast turnaround service it is unlikely that we will be able to make extensive changes to your goods and services. It is important therefore that you carefully select all the goods and/or services of interest to you at the time of submitting your request.

What if I can't find what I'm looking for on the pick-list?

If you can't find your goods or services on the pick-list try using a different word with the same meaning. For example, you won't find apparel on the pick list, but you will find clothing.

Alternatively, try looking for a broader, more general terms that cover the goods or services you are interested in. For example, if you search for frozen pumpkin you won't find it, but you will find frozen vegetables.

How do I attach my logo to the form?

You can upload your logo at the Trade Mark Details part of the form.  You can attach one file in one of the following formats: JPEG (.jpg, .jpeg), TIFF (.tif) or PNG (.png).  The file cannot exceed 20MB in size.

Can I save a TM Headstart request?

Yes, you can save your request at any time using the Save as Draft button at the bottom right hand side of the screen.  If you continue to edit your form after saving it as a draft, you will need to save it again to capture the new information.

How do I retrieve a previously saved document?

Once you have logged on to eServices just click on the Resume a saved eService option in the My eServices box. 

Can I amend the trade mark?

Yes, but if the amendment requires us to undertake another assessment then an amendment fee per class of goods or services will be payable.

Can I amend my trade mark or my goods and services once I have paid the Part 2 fee and converted my request into a trade mark application?

Payment of the Part 2 fee converts your TM Headstart request to a trade mark application and the details of your TM Headstart request are then published on the Trade Mark Register (usually on the same day). Once the details of a trade mark application have been published you can't make any changes that will substantially affect the identity of your trade mark or broaden the scope of your goods or services.

It's important to ensure all your details are correct before paying the Part 2 fee.

Will my entry fee be refunded if I don't pay the Part 2 fee in time?

No. The fee you pay at the time of submitting your TM Headstart request is for the assessment of your trade mark.

If I use TM Headstart will I get a positive result?

Not necessarily. TM Headstart assesses the registrability of your trade mark under the Trade Marks Act 1995. If we consider your trade mark would face problems under the Act we will raise these with you when we contact you to discuss the assessment of your request.

If I don't get a positive result can I provide submissions or request amendments to overcome the issues raised?

We will discuss options that may be available to you to overcome the problems raised in their assessment of your trade mark. Some of the options such as minor amendments to the goods/services can be actioned prior to payment of the Part 2 fee. If the amendments are substantial and/or complicated such as deleting a large number of goods/services or restricting the goods/services in a particular way these can only be discussed broadly during the TM Headstart process.

Additionally, because a trade mark is yet to be filed, it is not possible to consider submissions or evidence. These can only be considered following payment of the Part 2 fee.

If I don't get a positive result will my entry fee be refunded?

No. Once the assessment of your trade mark has been completed it is not possible to refund the fee.

Do I get a refund of my Part 2 fee if my application is not successful?

No. The Part 2 fee is to convert your TM Headstart request to a trade mark application. This fee is non-refundable.

After I am phoned with the results of the assessment when do I need to pay the Part 2 fee?

The Part 2 fee needs to be paid by 11.59pm AEST/AEDT on the day stated on your Results Report. After this time your TM Headstart request will discontinue and cannot be revived.

How long is the result of the assessment valid for?

The result of the assessment of your TM Headstart request is only valid on the day you receive it. This is because the Trade Mark Register is constantly being updated with new trade marks and old or unwanted trade marks being removed. There are also changes in office practice or legislation from time to time that could affect the outcome.

Will the details of my TM Headstart request remain confidential?

TM Headstart requests remain confidential until you pay the Part 2 fee. When you pay the Part 2 fee and convert the TM Headstart request to a standard TM application, certain information in your application must be made available to the public.  This includes your name and address and details of your trade mark.  This information is published in the Australian Official Journal of Trade Marks, the Register of Trade Marks and in databases in Australia and elsewhere.  

Once published, this information is available both online and in paper copies availalbe for purchase.  You may choose to use a post office box as your address if you have concerns about your residential address being published.

For further information read our Privacy Policy.

If I decide to pay the Part 2 fee do I need to request expedited examination?

No. Within two weeks of paying your Part 2 fee your application will be examined. It will be either accepted for registration or you'll be sent a report detailing any problems your application is facing.

What is a top-up search?

A top-up search of the trade marks database is done approximately ten working days after the Part 2 fee is paid.

The top up search is done to locate any similar trade marks which were filed around the same time that you lodged your TM Headstart request, but were not yet showing on the trade marks database.

If my trade mark is accepted how long will it take for it to be registered?

By using TM Headstart your trade mark may be accepted quickly. However, the earliest your trade mark can proceed to registration is at least seven months after you have paid the Part 2 fee. This is due to the normal time allowed for the application process and the opposition period.

For more information, read about the application process for a trade mark.

If my trade mark is registered, from what date does my protection start?

Your protection will start from the date the Part 2 fee was paid as that is the date you formally filed a trade mark application. A TM Headstart request is not a trade mark application, so the date you filed your TM Headstart request is not relevant.

How is my TM Headstart request affected by trade mark applications from overseas?

We have agreements with other countries that allow overseas trade mark applicants to claim the date they filed in their country as their filing date in Australia. This date may be earlier than the date you completed the filing process.

To meet our international obligations, and to make sure of your rights, we will not register your trade mark until it is certain that there are no similar overseas applications filed in Australia later than your application that are claiming an earlier convention priority date.

For more information, read about international trade mark registration.

Can registration of my trade mark be opposed by anyone?

Once you have paid the Part 2 fee your TM Headstart request is converted to a trade mark application. Any trade mark application that is accepted for registration can be opposed by another party.

Find out more information, read about the trade mark opposition processes.

Last Updated: 17/12/2012

Meet Sangeeta

PCT Officer
Learn more about working with us