Register a Trade Mark in Australia
Any natural or legal person may apply for a trademark in Australia. Collective trademarks — i.e. trade marks owned by an organization — are permitted. As a common law country, Australia uses the first-to-use policy when determining trademark ownership. Therefore, just because a trademark has not been registered doesn’t mean there will be no basis for opposition after it is published. Also, there are extensive regulations in place regarding the registration of certain marks (e.g. wine trademarks) and also a fairly persnickety set of rules for registering other marks (e.g. motion marks). It is therefore vital to use expert assistance to ensure that the trademark you wish to officially register has not been used before in the Commonwealth of Australia.
Australia Trade Mark One-Stop-Shop
We provide everything you need to register and thereby protect your trade mark in Australia.
We will have your trade mark ready for you in 390 days.
Best Customer Support
Our team of trade mark experts will advise you on anything and everything you need to properly register your trade mark in Australia.
Our trade mark registration package takes care of everything you need to register your trade mark in Australia, including advice on strategy and classification.
- Trade mark search
- Advice on strategy
- Advice on classification
Copyrights, Designs, Patents And Trade Marks
A copyright is a form of protection provided to authors for their original work. This includes creative and intellectual work like:
The owner has exclusive rights to reproduce, distribute or perform the work publicity.
Copyright do not require registration and the owner will have protection in most countries.
A trademark is a sign which distinguishes a company’s product or service from its competitors. A trademark can be a:
The owner has exclusive rights touse the trade mark and legally prevent its unauthorized use.
Trade marks are specific to a country or a union like the EU. Trade marks for 10 years.
A patent is an intellectual property right granted by the government to an inventor for the exclusive exploitation of their invention.
The owner has legal rights to exclude others from making. using or selling the patent.
Patents are specific to a country. A patent normally lasts for 20 years.
A registered design is protection provided to the appearance of a product or part of a product. It defines how a product looks.
The owner has legal protection from others copying the design for their product.
Registered designs are specific to a country. A registered design normally lasts for 25 years.
Trade Mark Search
Australia uses a first-to-use policy when determining trade mark ownership. It is therefore imperative to conduct a comprehensive trade mark search before filing for a trade mark.
Advice on Strategy
Registering an Australian trade mark requires an overall strategy to ensure the highest possible chances of success. We will assist you with an overall trade mark registration strategy.
Advice on Classification
There are 45 classes into which a trade mark can fall. Assigning your Australian trade mark into the correct categories is crucial to avoid deficiencies in filing.
Once we have established a proper strategy and classification for your Australian trade mark, we will take care of all the complexities involved in filing your trade mark’s application and keeping tabs on its progress!
How it Works
Check the product out in your shopping cart
Simply add the product you need to your shopping cart and then check it out to start your Australian trade mark registration process.
Answer some questions
We will send you some simple questions for you to fill in so that we can properly prepare for registering your trade mark. If needed, we’ll get in touch with you directly for more information.
Sit back and relax
Let us do the work to set up your Australian trade mark. We’ll get in touch with you any time there is something that needs to be addressed.
You might want to celebrate after the trade mark is approved. It’s a huge achievement. We’ll celebrate right along with you!
See What Our Customers Say
A to B
“The procedure for getting my trade mark ran smoothly — A to B — thanks to the Start My Business team.”
“There were no probs at all when dealing with Start My Business’s trade mark registration service. Just lovely.”
“Thanks for the great service, guys. Great working with you on my Aussie Trade Mark Application.”
Here are some common questions about registering a trade mark in Australia.
How long is an Australian trade mark valid for?
Ten years. You must pay the renewal fee before expiry. There’s a grace period of six months after the trade mark has expired, but you will need to pay late fees in that case.
What kind of marks can be registered in Australia?
Australia offers an extensive choice of marks that can be registered as a trade mark, including:
- Certification marks (e.g. Woolmark)
- Soundmarks (e.g. Intel Corporation’s five-note audio progression)
- Movement trade marks — for motions relating to services (e.g. Toyota’s “jump”)
- Shapes (e.g. the original Coca-Cola bottle)
- Trade marks for plants (believe it or not…)
- Colour trade marks (e.g. Cadbury’s special shade of purple)
- Scent trade marks (first recognised in the USA in 1990 — applied to a particular scent of sewing thread)
- Trade marks for wine (subject to some regulations)
Are multi-class trade mark applications available in Australia?
Yes, this is possible in Australia.
What can’t be registered as a trade mark in Australia?
There is a wide range of items that cannot be registered (or are difficult to be registered). This can include:
- Geographical names
- Commonly used acronyms
- Common surnames (e.g. Jones)
- Any mark similar to an earlier mark
- Any marks that might mislead the public regarding the origin of a product or service
- Words subject to legislation (e.g. Champagne)
- “Scandalous” matter (e.g. obscenities, profanity, anything condoning violence, racism, etc.)
Which legal entities can apply for a trade mark in Australia?
- Associations (incorporated or not)
- Any combination of the above
- Trusts (application must be done in the name of the trustees)