What is a search?

Before applying for a Trade Mark Application, you should conduct a search to see if there are any trade marks already being used by other traders which may affect the likelihood of your trade mark being registered.

Searches can be conducted using online databases for trade marks or by an IP Professional.

What's involved in applying for a trade mark?

It is important to know that once you submit your application and its information has been published, you can't substantially change the details of your trade mark application or add classes of goods or services.

You can complete either an online or paper application form. Your application will be examined by IP Australia to ensure it doesn't conflict with existing trade marks and adheres with the Trade Marks Act 1995.

What happens next?

You will be issued with an examination report which will explain IP Australia's findings. If your report is clear of any issues, your application will then be accepted and published.

If there are any deficiencies present in your application, the report will explain the issues and you will have 15 months to overcome these objections.

What else is involved in maintaining protection of my brand or logo?

The accepted application is then published in the Official Journal of Trade Marks and third parties are able to oppose your application. If an opposition is received, your trade mark may take time to be resolved. Your application will be registered if no oppositions have been filed.

Once your trade mark is registered and all fees are paid, it will be enforceable.

Your registered trade mark can be renewed indefinitely. Initial registration is for 10 years. It must be renewed every 10 years to remain enforceable.

More information

1. Learn more about a standard trade mark application