This depends on what you're trying to protect.
- A trade mark legally protects your brand and can be used for a logo, word, phrase, letter and more.
- A patent legally protects your invention or how something works, such as new technology, devices, or methods.
- A design right legally protects the overall appearance of your new and distinctive product, including its shape and colour.
- A plant breeder's right (PBR) legally protects the new plant variety you have developed.
Depending on your business, you may need to protect it with multiple types of IP.
If you'd like specialist advice, speak to an IP attorney or IP professional for assistance.
You'll need to search for your idea to make sure it's new and unique to the market.
If your idea covers multiple right types, e.g. trade mark and design, you'll need to search for it across all relevant registers.
If you want to register your IP in Australia, you search the:
- Australian Trade Mark Search
- Australian Patent Search
- Australian Design Search
- Australian Plant Breeder's Right (PBR) Search.
If applying for rights overseas, you'll need to search existing registrations in relevant countries:
There are two ways to apply for a trade mark:
- Standard application — ideal if you're familiar with the application process
- Pre-application service (TM Headstart) — perfect if you've haven't applied for a trade mark before.
This depends on a number of things like the type of IP you apply for and what application service you use. Application fees start from:
Trade mark: $200
Patent: (provisional application) $100
Design right: $250
Plant breeder's right: $345
We'll let you know via online services when it's time to renew your IP.
You can also use online services to:
- Renew your IP rights
- Make payments
- Check the status of your application
- Manage your IP rights
- Review your correspondence
- Keep your details up to date.
Protection starts from your original filing date. How long it's valid for varies depending on the type of IP:
- A trade mark registration lasts for 10 years
- Patent registration lasts for up to 20 years (or up to 25 years for pharmaceutical substances)
- Design right registration lasts for five years but can be renewed for another five years. The maximum length of protection for a design right is 10 years
- Plant breeder's rights lasts for 20 years (or up to 25 years for vines and trees).
Once your IP has been protected, it's your responsibility to manage and maintain it.
Minor changes can be done via online services, including:
- Changing your name and address
- Changing the name or address of your lawyer or IP professional
- Narrowing down the scope of your protection, such as deleting a class of goods and services from a trade mark application, or refining the product name from 'container' to 'egg container' for a design right
- Replacing documents if you've accidentally submitted the wrong ones.
You'll need to submit a new application if you want to make major changes, including:
- Increasing the scope of your protection to include another IP right type, e.g. adding trade mark protection to your existing design right
- Adding a new class of goods and services to a trade mark.
First, check if their actions are actually considered infringement — this will depend on the type of IP you own.
Once you've confirmed their actions are considered infringement, there are several things you can do before taking legal action. This includes sending a letter of demand and considering mediation with the other party.
If you'd like specialist advice, speak to an IP attorney or IP professional for assistance.
Fees are non-refundable, regardless of the application outcome. This is because when you pay the application fee, you're paying for us to review your application — not to guarantee its success.
If your deadline falls on a Saturday, Sunday or public holiday, it will be pushed to the next business day.
For example, if your deadline is on Saturday, it will be pushed to the following Monday.