Last updated: 
18 March 2016

There are two ways you can apply for a trade mark through online services. Each method meets slightly different needs and has slightly different fees:

  1. our pre-application service known as TM Headstart (provides an assessment of your application before you officially apply using online services) or
  2. our standard online application process using online services.

Standard vs TM Headstart service comparison

 Standard applicationTM Headstart
 Total Cost
starts at $250
Total Cost
starts at $330
Pre-assessment by an examiner
Feedback within 5 days of request
Speak directly with an examiner
Amend your application prior to filing
Receive an immediate filing date
Formal report within 13 weeks

 

When you file a standard trade mark it is made publicly available very shortly after you file your application. Once it is published only very minor changes can be made.

With the TM Headstart process, your request is not published until you pay the Part 2 fee. This means you have a wider range of options to overcome potential barriers to registration. You can amend your trade mark and/or add new classes to your request.

Get ready to submit your application

Before you apply it’s a good idea to make sure you:

  • know the type of trade mark you’re applying for
  • understand the  classes of goods and/or services your trade mark should be registered for. This is important because you can only make minor changes to a trade mark after it has been submitted. Plus, goods and/or services can't be extended once your application has been submitted
    • Handy tip: It best to take note of the class number (heading) and the goods and services terms before you start the online application. 
  • have searched for existing same or similar trade marks.

All applications must include the following:

  • your name/ownership details and contact details
  • a representation of the trade mark - see our image requirements for online services
  • a description of the goods and/or services to which it will apply
  • a list of the relevant classes - what you are offering as goods or services
  • a translation/transliteration of any part of your mark that is in another language
  • the required fee.

Submit your application

Once you start your application you do not need to complete it in one session. As long as you save it you can leave and return to your form at any time.

If you have everything you need to file:

  • you must pay your filing application fee
  • the application should take 10-15 minutes to finish if you have already prepared your information
  • the logon session will time out after one hour of inactivity to help protect your privacy
  • your browser must have JavaScript enabled
  • information provided in your application regarding contact addresses for both the owner and address for service of your trade mark will be made available on the Internet, once your application has been published
  • if you don't have cookies enabled on your computer, the form may not work properly, make sure your computer's cache is set to refresh every page, every time you view it
  • file attachments are limited to a maximum of 10MB.

Tools to get you started

Our Trade Mark Assist tool can help you select the goods or services required for your proposed trade mark, search the Australian trade mark database and prepare a zip file to upload into online services.