How to apply for a trade mark

Here's a step-by-step process for applying for a trade mark in Australia.

Step 1. Check you're eligible 

To apply for a trade mark, you must:

  • Reside (or have an agent that resides) in Australia or New Zealand, and
  • Intend to use the trade mark for the goods and/or services in your application.

Before you get started, it's important you understand what a trade mark is.

 

Step 2. Do your research

To avoid costly mistakes, make sure you:

 

Step 3. Choose an application service

We offer different application services to suit different needs. Explore the application options below:

Total cost: starts at $330

Great for:

  • Anyone who's new to filing a trade mark application

Summary:

  • Receive feedback from an examiner before you file your application so you can quickly understand if your trade mark is valid, and fix any errors
  • After receiving feedback, you have five business days to submit changes (or formalise your application)
  • If your application is successful, your trade mark will be in effect from the date you formalise your application.
More about TM Headstart

Total cost: starting at $250

Great for:

  • Customers who are comfortable with filing trade mark applications
  • IP professionals filing small volumes of applications.

Summary:

  • Only allows minor changes to your application once it's submitted
  • If your trade mark is successful, you're protected from the day you filed your application.

Step 4. Gather your documentation 

You'll need the following:

  • Ownership and contact details (including postal address)
  • A representation of your trade mark (e.g. an image of your logo or recording of your sound)
  • A list of the goods and/or services your trade mark applies to and the related class number(s)
  • Payment details.

Step 5. File your application

To lodge your application:

  • Create an account with our online services
  • Fill out your application form. This should only take 15 minutes, and you can save your progress as you go.

Step 6. See the outcome

It usually takes three to four months for your trade mark application to be examined. We'll let you know the outcome via your online services inbox. If your application is successful, the following happens:

  1. Your trade mark gets published for two months on the Australian Official Journal of Trade Marks and the Australian Trade Mark Search
  2. Anyone can oppose your trade mark during this time
  3. If nobody opposes your trade mark, or you overturn these oppositions, your trade mark application will be successful.