The trademark process — step by step

Registering a trademark in Australia follows a clear, well-worn path. It can look daunting from the outside, but it breaks down into a handful of stages with predictable timeframes. Knowing what happens, and when, takes the mystery out of it and helps you avoid the mistakes that cost people time and money.

The whole process is run by IP Australia under the Trade Marks Act 1995. Here is what each stage involves.

Stage 1 — Research and search

Before anything else, search. You need to be confident that your name or logo is not already taken, and is not deceptively similar to an existing mark in the classes that matter to you.

This is the step most people underestimate. A business name search at ASIC or a quick domain check is not the same as a trademark search. A name can be free at ASIC and still be blocked by an existing trademark. A proper clearance search looks for identical marks and deceptively similar ones across the relevant classes.

Our basic name search and advice is free, and we usually return results within about 3 days. For an important brand, a thorough name search ($150) or a logo search ($200) is well worth it before you spend on signage, packaging and marketing.

Beware: applying for a mark that conflicts with an existing one wastes a non-refundable government fee and can expose you to an infringement claim.

You can start right now with our free trademark search and confirm your categories with the class finder.

Stage 2 — Choose your classes

Trademarks are registered against classes of goods and services. There are 45 in total: classes 1 to 34 cover goods, and classes 35 to 45 cover services. You register the classes that match what you sell or plan to sell.

This matters because government fees are charged per class. Choose too few and you leave gaps a competitor could exploit; choose too many and you pay for protection you do not use. Most small businesses need one to three classes. Our guide to trademark classes explains how to choose, and the class finder suggests classes from a description of your business.

Stage 3 — File the application

Once research is clear and your classes are chosen, the application is drafted and lodged with IP Australia. A strong application gets three things right:

• The correct mark type (word, logo, or a combined name and image).
• The correct classes for your goods and services.
• A clear, accurate description of those goods and services, using IP Australia’s pick-list of pre-approved terms where possible.

From your filing date you can use the ™ symbol, and your protection, once granted, is backdated to that date. Our application service is $450 per application and includes help choosing the right classes and filing directly with IP Australia. You can preview the total, including government fees, with the cost calculator.

Stage 4 — Examination

An Examiner at IP Australia reviews the application against the legal requirements. A first outcome is typically issued 3 to 4 months after filing.

If everything is in order, the application is accepted. If the Examiner raises an objection, you receive an adverse report. This is not the end of the road. Common objections include:

• The mark is not distinctive enough (too descriptive).
• The mark could be confused with an earlier registered mark.
• A problem with the wording of the goods and services.

You generally have up to 15 months from the first report to overcome objections, through arguments, evidence, amendments or negotiation. Many applications that start with an objection are ultimately accepted. Our adverse report review and advice is $150 per trademark, and there is more detail in our guide on adverse reports.

Stage 5 — Advertisement and opposition

Once accepted, your trademark is published in the Official Journal of Trade Marks and enters a 2-month opposition period. During this window any third party who believes they would be harmed by your registration can formally oppose it.

Oppositions are uncommon for most everyday brands, but the 2-month window cannot be shortened. If no one opposes, or any opposition is unsuccessful, you move to registration.

Stage 6 — Registration and renewal

When the opposition period passes cleanly, your trademark is entered on the register. Your ™ becomes a registered ®, your protection is backdated to your filing date, and the registration lasts 10 years.

After that, you renew every 10 years to keep it alive, indefinitely. Renewal with us is $490 per class in total, which includes the $400 IP Australia official fee and our $90 professional fee. There is a 6-month grace period after expiry with a $100 per month late fee. Keep an eye on the deadline with our renewal calculator.

Realistic timeline

Stage	Typical timeframe
Search and preparation	Self-paced
Filing	About 15 minutes to lodge
First examination outcome	3 to 4 months after filing
Acceptance to advertisement	At acceptance
Opposition period	2 months
Registration (if unopposed)	About 7 months from filing

Start to finish, an unopposed application usually takes around 7 months or more. Objections or oppositions can extend that, sometimes toward the 15-month acceptance deadline. The timeline is not something to rush, but it is something you can plan around.

Common questions

Can I speed it up? Not really. Examination times and the 2-month opposition window are set by IP Australia. The best way to avoid delays is a clean search and a well-drafted application up front, which reduces the chance of an objection.

What is TM Headstart? It is IP Australia’s optional pre-application assessment, where an Examiner gives an early view of your mark, usually within 5 business days. It flags registrability issues but does not check for infringement, so it is not a substitute for a proper search.

What happens if I get an objection? You receive an adverse report and have up to 15 months to respond. Many objected applications are still accepted with the right response, so do not panic. We can review the report and advise on the best strategy.

When can I use the ® symbol? Only once your trademark is actually registered. Before that, use ™. Using ® on an unregistered mark is an offence.

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Ready to begin? Start with a free search, or when you are ready to protect your brand, see our trademark application service.