On this page:
- Your reference
- The agent acting for this application is:
- Legal Name of the Organisation
- Address for service of legal documents in Australia
- Attach a single file containing your Trade Mark
- I have applied to register this identical Trade Mark in another country (convention) within the last six months.
- Does your Trade Mark contain non-English words or foreign characters?
- Enter a single word or phrase (e.g. shoe or shoe polish)
- Nominate the goods and/or services covered by this application
Your reference allows you to enter a unique reference of your choice. You can use any combination of uppercase letters, lowercase letters, numbers and special characters.
This reference can be used by you to identify this eServices transaction.
An ABN is an Australian Business Number.
An ACN is an Australian Company Number.
An ARBN is an Australian Registered Body Number.
You are required to nominate a main contact for your application. The main contact does not need to be an applicant. Correspondence regarding your application will be addressed to the main contact that you nominate.
If the main contact is not already listed as an applicant, you can add the name of the person, agent or authorised signatory to your application (e.g If you have selected an organisation as your main contact you can nominate who your correspondence will be addressed to).
The legal name of the organisation is the name that appears on all official documents or legal papers. This name may be different from the organisations's trading name.
This is the address where IP Australia will send all correspondence relating to an IP right. This address may be a street address or a post office box, and must be located in Australia.
Do not provide your home address to IP Australia if you do not want it published online. You can provide an Australian post office box or other valid Australian address as your address if you want to keep your home address private.
You can attach one file in one of the following file formats: JPEG (.jpg, .jpeg), TIFF (.tif) or PNG (.png). The file can not exceed 20MB in size.
See the Image requirements for eServices.
I have applied to register this identical Trade Mark in another country (convention) within the last six months.
Convention priority can be claimed if you have applied for this same Trade Mark in another convention country in the last 6 months and you want to claim the earlier filing date for your Australian application.
Once you have entered the details of your convention claim, click 'SAVE CONVENTION CLAIM' to add it to the application.
You can enter multiples priority claims based on different overseas applications for different goods/services. To enter more than one convention claim to the application, click 'ADD ANOTHER CONVENTION CLAIM' after you have saved your first claim.
You can also enter multiple priority claims for different goods and/or services or different priority dates under the same convention claim by entering each one separately on the application form.
Once you have entered the details of your classes of goods and/or services, click 'SAVE GOODS AND SERVICES'.
To save or add further claims for classes of goods and/or services, click 'ADD GOODS AND SERVICES'.
If your Trade Mark contains non-English words or foreign characters, you must provide a translation and/or transliteration.
Translation means providing the English meaning of the non-English word. Transliteration means converting the foreign character(s) or word(s) into the corresponding English character(s) or word(s). You must also identify the language of the non-English word(s) or foreign character(s) in your Trade Mark.
This is an example of a translation:
If your Trade Mark was CHAT NOIR, this is a FRENCH phrase that means BLACK CAT in English
This is an example of a transliteration:
If your Trade Mark was , this is a CHINESE character, with the transliteration HU, which means TIGER in English
If you are providing a transliteration of Chinese characters, you should use the Pinyin system.
If you are providing a transliteration of Japanese characters, you should use the Hepburn system.
Before you begin, think carefully about the goods or services you want protected by your Trade Mark. If you make a mistake, you will not be able to expand your list of goods or services once you submit your application.
To help you decide what goods and/or services to list, think about the exact nature of your business and ask yourself the following:
- What would you advertise your business under in a business directory?
- What goods and/or services do people pay you for?
- What is the nature of your business?
- What are you known for by your customers/clients?
- What products or services does your business provide?
Once you have determined which goods and/or services to claim, enter a search term and press the search button. An indicative list of the goods and/or services that typically fall into each class will be displayed.
Start with a broad search and narrow it down. You can add up to 100 goods and/or services per class to your application, however you should only select goods and/or services that you are using or intend to use your Trade Mark on. You should aim to keep your list of goods/services as concise as possible whilst accurately covering your goods/services.
For a provider of a service:
- A physiotherapist could search for "physiotherapy"
- A retailer that sells goods from numerous sources could search for "retail"
- A web designer could search for "design"
- A mechanic could search for "car" and then select "maintenance" "installation" and "repairs" services
If you cannot locate your goods and/or services, try searching for a similar term.
- e.g. instead of searching for "dog" try searching for "animal"
- e.g. instead of searching for "doll" try searching for "toy"
- e.g. instead of searching for "web site" try searching for "online"
When you apply for a Trade Mark, you must provide a description of the goods and/or services you are using or intend to use your Trade Mark on. This is because Trade Mark registration gives you the exclusive right to use your mark in connection with the goods and/or services that you nominate in your application for registration.
The goods and services are divided into 45 classes. You need to select the goods and/or services that you want to cover from one or more classes. You are charged a fee for each class you select - not the number of goods or services within that class. These fees are generally not refundable.
Only the goods and/or services you list in your application at the end of the TM Headstart process are covered by your Trade Mark.