What's involved in applying
Before you apply you'll need to decide if registering a trade mark is appropriate for your brand, where you want to register it and what's involved in the application process.
- About trade marks - benefits of a trade mark and what can be trade marked
- Search for a trade mark - search the trade mark database ATMOSS
- Before you apply - before applying for trade mark protection, you should make sure that you meet the eligibility requirements
Once you have decided to protect your trade mark, you must submit your application and go through an examination process before your trade mark can achieve registration status.
There are two options available for you to complete the application process:
- If you are unsure if your trade mark conflicts with existing trade marks or adheres to the law, we have an optional service providing a pre assessment of your trade mark. This pre assessment is called TM Headstart.
- If you are confident with your trade mark you can submit your trade mark application without this pre assessment.
Option 1 - Applying for a TM Headstart
TM Headstart is an optional service to have your application assessed by us. It is simple and fast.
The service will help you to quickly identify any barriers that could prevent you from protecting your trade mark.
When applying online for a TM Headstart, you can use the Goods and Services pick-list to select the classes relevant to your trade mark. The pick-list will help you to nominate goods and services in their correct classes and will calculate the fees for you.
Within 5 days of applying, we will provide you with an initial assessment, by email or telephone call, to help you determine if your trade mark is likely to be registered. You will need to be contactable at the telephone number and email address you provided.
The initial assessment is not a guarantee that your trade mark will be registered. Should your trade mark proceed to registration, the protection is taken from the date you paid your Part 2 fee. This payment is made if you choose to continue with the trade mark application.
Option 2 - Applying for a standard trade mark
You can apply online for a standard trade mark. Your application will be examined by us to ensure it doesn't conflict with existing trade marks and adheres to the law.
Once an application for a trade mark is submitted, we will examine your application within 13 weeks. Should your trade mark proceed to registration the protection is taken
Online Application
Using eServices you can apply for a TM Headstart and standard trade mark application online.
Before you apply for a trade mark or TM Headstart request, you should make sure you meet eligibility requirements.
Differences between the TM Headstart and standard application process
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Standard trade mark application |
TM Headstart |
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Date of protection |
Should your trade mark proceed to registration, the protection given by registration is taken from the date you filed your trade mark application. |
Should your trade mark proceed to registration, the protection given by registration is taken from the date you paid your Part 2 fee. |
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Time frames |
Your trade mark will be examined within approximately two to three months. |
Your trade mark will be assessed within five working days. |
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Amending your trade mark |
After you file your application, the goods and services cannot be extended and only very minor amendments are allowed to the trade mark. |
TM Headstart allows you to make some modifications to your trade mark and the goods and services covered by your request up to the point where you pay the Part 2 fee (additional fees may apply). |
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Publication |
Details of your trade mark will be published in our online Trade Marks database (ATMOSS) and in the Australian Official Journal of Trade Marks from the date you file your trade mark application. |
Only if you decide to pay the Part 2 fee will the details of your trade mark be published in our online Trade Marks database (ATMOSS) and in the Australian Official Journal of Trade Marks. |
Fees
There are also differences in fees. Our fees information will provide full details of the fees for a trade mark and TM Headstart submission.
Fees for TM Headstart
The assessment fee is the first of 3 fees (minimum) you will need to pay to register your trade mark. The fees paid are 'per class' and include:
- an initial 'TM Headstart Request' fee
- 'TM Headstart Part 2' fee to convert your initial submission into a full application.
- a registration fee to complete the registration process. This is required for all trade mark applications
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.
TM Headstart does not cater for the following trade marks, and these can only be applied for through a standard trade mark application:
- Non-traditional trade marks and special kinds of signs (colour, shape, scent, sound)
- Defensive, certification or collective trade marks
- Series trade marks
- Divisional applications
Last Updated: 12/4/2013
