Do you need a trade mark?
How long does it take?
Trade mark basics
1. Understand the type of trade mark you need
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 protect
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 mark
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 mark
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 timeframe
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 costs
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 type
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 eServices to get started
Record your eServices username:
To start your trade mark application, it's recommended that you register for eServices. 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
Record your trade mark number:
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 contacy IP Australia on 1300 65 1010, Monday to Friday, 9am to 5pm (AEST).