Do you need a trade mark?Find out if a trade mark is right for you
How long does it take?See the application process overview
Trade mark basics
1. Understand the type of trade mark you needLearn about the different types of trade marks
Most commonly, trade marks are applied to words, logos or slogans. You can trade mark other things, too, such as sounds and scents. Some types require additional files to support your application.
2. Decide which goods and services you want to protectSee which goods and services apply to your trade mark
You should seek protection for the goods and/or services that your customers pay you for now. Also consider any areas you may need to cover if you plan future expansion of your business. You can select as many classes as you like. Note: fees apply
3. Check the availability of your trade markFind out if the trade mark you want to use is available
If your proposed trade mark is the same or similar to an existing trade mark, it may not be accepted. Or, if your proposed trade mark is already in common use (e.g. ?orange? for juice, or ?leather? for luggage), it can be difficult to register.
4. Choose an owner for your trade markSee eligibility criteria
Trade mark ownership details are published on the Register of Trade Marks. Consider who will own your trade mark. If it's a business or company, ensure that it has the legal capacity to own intellectual property.
Apply for a trade mark
5. Consider the application timeframeLearn more about timeframes
View application process infographic
Applying for a trade mark takes time. Once you have submitted your application, it can take several months for IP Australia to examine the registration. Since every application is unique, we cannot provide exact timeframes.
6. Consider the costsSee the fees associated with trade marks
Every trade mark application has both an application fee and a registration fee. The registration fee must be paid within six months of acceptance of your application.
7. Choose your application typeFind out which application type is right for you
When you apply, you can use the standard application or the TM Headstart pre-application service. TM Headstart can provide a faster turnaround and additional support from our examination staff.
8. Collect the information you need to apply
To complete your online application, you will need some or all of the following information:
- Your contact details
- An ABN/ACN if you are a corporate entity
- A list of the goods and services you wish to claim
- A credit card to pay the application fee
- A copy of your trade mark, less than 20MB, in TIFF, JPEG or PNG format (if your trade mark contains an image)
9. Register for online services to get startedRegister for online services
To start your trade mark application, it's recommended that you register for online services. This is a cost effective way to keep all your files in the one place. Ongoing, you can use it to maintain and renew IP rights, too.
10. Complete and submit your application
You're now ready to complete the application form for your trade mark. Follow the steps on the online form, and then make your payment.
If you have queries at any step. you can contact IP Australia on 1300 65 1010, Monday to Friday, 9am to 5pm (AEST).