Last updated: 
12 June 2019

Before going down the track of applying for a trade mark it would be a good idea to make sure you are eligible.

To be eligible the owner must be:

  • an individual
  • a company
  • an incorporated association
  • more than one of these (in the case of multiple owners).

A trade mark can also be owned by:

  • an unincorporated association (for a collective trade mark only)
  • a body existing under legislation (for example a registered charity).

The applicant:

  • must have an address for service in either Australia or New Zealand (with the exception of International Registrations Designating Australia (IRDAs)). Usually the address for service is that of the applicant itself or that of an intellectual property attorney or solicitor who is acting as the applicant's agent. 
  • can’t be a business name or trading name
  • should be the owner(s) of the business registration
  • should be the corporation's name (if owned by the corporation) and not in the name of directors or shareholders
  • should be in the name(s) of trustee(s) rather than the trust name.

You must use, or intend to use, the trade mark in relation to the goods and/or services included in the application.

If the trade mark is to be used by a corporate entity that is about to be formed, you can assign the trade mark to the new body once it has been formed.