Trademark Registration in Australia- An overview

Aspect Details
What is a Trademark? A trademark is a distinctive identifiable sign, expression, or symbol that represents a brand.
Trademark Registration Cost in Australia The trademark registration in Australia cost starts from US$170.
Timeline for Trademark Registration in Australia Register a brand in Australia within 7 months.
Benefits of Trademark Registration in Australia The benefits of Trademark Protection in Australia are as follows:
  • Brand Identity
  • Asset Creation
  • Exclusive Rights
  • International Trademark Protection
  • Customs Enforcement
Types of Marks in Australia Types of Australia Trademark Registration are as follows:
  • Word Mark
  • Non-English Mark
  • Logo Mark
  • Series Mark
  • Color Mark
  • Three-dimensional (3D) Mark
  • Sound Mark
  • Scent Mark
  • Movement Mark
  • Collective Mark
  • Certification Mark
Documents required for the Trademark Registration in Australia The list of documents required for Trademark Filing in Australia are as follows:
  • Trademark Registration Application Form
  • Name and Address of the Applicant
  • A Print of a Trademark
  • A Summary of the Trademark
  • List of Products and Services as per the Nice Classification (NCL)
  • Details of Local Agents if any
  • Priority and Translated Documents if any
Who can Apply for Trademark Registration in Australia? The eligibility criteria for Trademark Filing in Australia are as follows:
  • Australian Individuals and Corporations
  • Trustee of a Trust
  • Foreign Individuals and Corporations
  • Foreign Entrepreneurs through Madrid Protocol
How to Register a Trademark in Australia? The stepwise guide for trademark protection in Australia is as follows:
  • Australia Trademark Search
  • Choose Australian Trademark Application
  • Application Submission
  • Examination and Publication
  • Opposition Period
  • Issuance of Australia Trademark Certificate
How can Enterslice help you with Australia Trademark Registration?
  • 10+ years of experience in Australia Trademark Registration
  • 99% success rate with Trademark registration in Australia
  • Assisted 1000+ brands with Trademark Licensing in Australia
  • Provided end-to-end support in trademark surveillance
  • Speedy filing of Australia Trademark Registration Application
  • 100% transparency in fees for Trademark Protection in Australia
  • Continuous Post-registration assistance for Trademark Licensing in Australia
  • Offers 24x7 dedicated customer support for Trademark renewal in Australia
  • Ensures 100% compliance with the Trade Marks Act of 1995 (Cth)
  • Support in Australia Intellectual Property Office Registration

Trademark Registration in Australia to Secure Your Brand from Wannabes & Forgers

Secure your brand and make billions in the competitive market of Australia with Trademark Registration in Australia.

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Understanding Trademark Registration in Australia

Trademark registration in Australia is a process that enables Australian and global entrepreneurs to get exclusive rights to their brands. Australia is the 13th largest economy in the world, with a $1.88 trillion Gross Domestic Product (GDP) at a 2.1 % growth rate. The largest island in the world is amongst the top 10 fintech players worldwide and the third best in the Asia-Pacific region. Australia’s top industries include fintech, software and IT, retail and e-commerce, banking, and investment service businesses.

The Trade Marks Act of 1995 (Cth) is the primary Australian trademark law that governs trademark registration in Australia. The Trade Mark Regulation of 1995 (Cth) explains the rules of the Trade Marks Act of 1995 for word, non-English, logo, series, color, three-dimensional (3D), sound, scent, movement, collective, and certification trademarks. Australia follows the multi-class and first-to-use approach for trademark registrations.

Australia is a signatory to the Paris Convention, Madrid Protocol, and Nice Agreements. The country is also a member of the World Trade Organization (WTO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and the World Intellectual Property Organization (WIPO).

Distinct Brand Recognition

18 Free Trade Agreements (FTAs)

Member of Regional Comprehensive Economic Partnership (RCEP)

Register in the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)

Double Taxation Agreements (DTAs) with 45 jurisdictions

Protection Against Tricksters

Registration Security for 10 Years

Speedy Renewal for Trademark owners

Benefits of Trademark Registration in Australia

There are several benefits of trademark registration in Australia, such as exclusive rights. Australian and global entrepreneurs must understand the benefits of Australia trademark registration. The benefits are as follows:

Trademark Registration in Australia

Brand Identity

Trademark licensing in Australia helps Australian and global entrepreneurs establish a unique brand identity in the diverse consumer markets by providing them exclusive rights and distinct brand recognition, which further helps build customer trust and increase credibility in the market.

International Expansion

Asset Creation

Trademark licensing in Australia helps Australian and global entrepreneurs expand their businesses through asset creation through the means of selling, franchising, and licensing their trademarks, thereby enabling business expansion.

Business Growth

Exclusive Rights

Trademark licensing in Australia helps Australian and global entrepreneurs establish a strong business presence against the Australian competitive market by providing them with exclusive rights to their products or services.

Exclusive Rights

International Trademark Protection

Trademark licensing in Australia ensures international trademark protection for Australian and global entrepreneurs through a single application to avail international protection in multiple countries via the Madrid Protocol of the World Intellectual Property Organization (WIPO).

Avoid Duplication

Customs Enforcement

Trademark licensing in Australia ensures customs enforcement for Australian and global entrepreneurs. Trademark owners can avail the Australian Border Force (ABF) assistance through the Notice of Objection” application, which, upon approval, is valid for four years until the renewal of the same by the former.

Valuable Marketing Asset

Legal Protection Against Counterfeiters

Trademark licensing in Australia ensures legal protection for Australian and global entrepreneurs. A trademark owner can file a lawsuit and claim damages against the unauthorized use of their trademark.

How to Register a Trademark in Australia?

Australian and global entrepreneurs must understand how to register a trademark in Australia before moving forward with the application. The Australia trademark application process is as follows:

Australia Trademark Search

The applicant must conduct a preliminary Australia trademark search on IP Australia’s “Australian trademark search database” to detect prior infringements.

Choose the Australian Trademark Application

The applicant must choose the well-suited Australian trademark application as per their experience such as a Headstart application for beginners and a standard one for professionals.

Application Submission

The applicant must submit the Australia trademark application and necessary documents with IP Australia via online or postal service.

Examination and Publication

IP Australia examines the Australia trademark application to check the applicant’s details and the legitimacy of the trademark in question then publish the same on their Australian trade mark search database post approval.

Opposition Period

IP Australia allows an 8-week opposition period for third parties to file oppositions against the newly published trademark on the Australian trade mark search database.

Issuance of Australia Trademark Certificate

IP Australia issues the Australia trademark registration to the applicant, granting exclusive ownership rights to the trademark.

Timeframe to Register a Trademark in Australia

IP Australia takes a minimum of 7 months for Australian trademark registration. Australian and global entrepreneurs must understand the timeframe to register a trademark in Australia. The timeline is as follows:

Australia Trademark Search: 2 to 3 days.

The applicant takes 2 to 4 days to conduct a preliminary Australia trademark search on IP Australia’s “Australian trademark search database” to detect prior infringements.

Choose Australian Trademark Application: 1 to 2 days

The applicant takes 1 to 2 days to choose the well-suited Australian trademark application as per their experience such as a Headstart application for beginners and a standard one for professions.

Application Submission: 2 to 4 days.

The applicant takes 2 to 4 days to submit the Australia trademark application and necessary documents with IP Australia via online or postal service..

Examination and Publication: 3 to 4 months.

IP Australia usually takes 3 to 4 months to examine the Australia trademark application to verify the applicant details and the legitimacy of the trademark in question then publish the same on their Australian trade mark search database post approval.

Opposition Period: 8 weeks

IP Australia allows an 8-week opposition period for third parties to file oppositions against the newly published trademark on the Australian trade mark search database.

Issuance of Australia Trademark Certificate: 1 to 2 weeks

IP Australia takes 1 to 2 weeks to issue the Australia trademark registration to the applicant granting exclusive ownership rights to the trademark.

Documents Required for Trademark Registration in Australia

Australian and Global Entrepreneurs must understand the document requirements to register a trademark in Australia. The list of documents needed for trademark registration in Australia is as follows:

Trademark Registration Application Form

Name of the Applicant

Address of the Applicant

A Print and Representation of a Trademark

A Brief Summary of the Trademark

List of Products and Services as per the Nice Classification (NCL)

Translated Documents, if any

Details of the Local Representative, if any

Priority Documents, if any

Application Payment Confirmation Receipt

What is a TM Headstart for Trademark Registration in Australia?

IP Australia provides a TM Headstart preliminary application service for newcomers for trademark registration in Australia. Applicants get a chance to rectify the application before the formal submission of the same with IP Australia. An examiner helps the applicant rectify early errors through the TM Headstart Australia trademark application service. It is available for word and logo trademarks.

The applicant must rectify errors within 5 days after the receipt of the feedback report to allow the examiner to re-check the pre-application and send fresh feedback to the former. It is important to note that the rectifications would levy additional surcharges. The applicant must formally submit the trademark application after making all the necessary changes within five days after the receipt of the examiner’s final report.

Trademark Registration in Australia
Trademark Agent

Expert guidance and Fast-track Examination

Application Filing

US$125 for TM Headstart Request

Fast and Easy Process

US$95 for modification of errors

Network of 500+ Local Consultants

US$82 for a formal Australia trademark application

Is Trademark Registration in Australia Eligible for Renewal?

Yes, trademark registration in Australia is eligible for renewal. Trademark owners can renew their trademarks within the last 12 months of the ongoing 10-year trademark registration in Australia. The IP Australia sends a notice two months before the expiration of the trademark registration. The renewal fee for Australia trademark registration is US$251 for online renewal application through IP Australia’s official website and US$283 for post or email renewal application through credit card, cheque, or money orders.

The Trade Marks Act of 1995 (Cth) provides regulations for late renewal, such as a 6-month grace period with a US$63 additional surcharge for every month or span of days within a month. The Trade Marks Act of 1995 (Cth) entitles IP Australia to cancel a trademark if the trademark owner fails to renew the Australia trademark registration within the 6-month grace period.

The IP Australia can reinstate a trademark on a court order if IP Australia removed the trademark in error. However, the applicant must file a new application post the cancellation of a trademark due to the non-renewal of the same.

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Categories of Marks for Trademark Registration in Australia

Australian and Global Entrepreneurs must understand the categories of marks for trademark registration in Australia. The types of trademarks are as follows:

Trademark Registration in Australia

Word Mark

A word mark is a trademark that comprises letters, words, phrases, or numbers of a product or service. It protects the textual representation of a brand. An example includes the famous catchphrase of Nike's “Just Do It”.

Non-English Mark

A non-English mark is a trademark that comprises non-English letters, words, or phrases of a product or service. It protects the non-English elements of a brand. A common example is the German car manufacturing multi-national company known as “Volkswagen”.

Logo Mark

A logo mark is a trade mark that consists of images and logos in a product or service. It protects the graphical representation of a brand. A Common example is the Kangaroo logo of the famous Australian Airline company known as “Qantas”.

Series Mark

A series mark is a trademark that consists of similar marks under one single trademark. Associated trademarks share the same identifying feature. It protects a series of similar trademarks of a brand. An example includes the iconic Australian television brand known as “TELSTRA TV” and “TELSTRA TELEVISION”.

Color Mark

A color mark is a trademark that consists of colors or combination of colors of product or service. It protects the colorful representation of a brand. An example includes the specific purple shade of Cadbury chocolates.

Three-dimensional (3D) Mark

A three-dimensional (3D) mark is a trademark that consists of 3D shapes, images, or logos. It protects the 3D shapes of a brand. An example includes the specific triangular shape of the “Toblerone chocolate” brand.

Sound Mark

A sound mark is a trademark that consists of sounds or a compilation of sounds. A song, whistle, spoken words, or any other sound. An example includes the iconic 20th century fox theme.

Scent Mark

A scent mark is a trademark that consists of distinctive smells related to a product or service. It protects the olfactory feature of a brand. A sound mark is difficult to register because of the complexity that is associated with its representation. An example includes the distinct eucalyptus scent of golf tees by E-Concierge Pvt Ltd.

Movement Mark

A movement mark is a trademark that consists of motions or change of movements of a product or service. Mostly video or animation clips. It protects the movement of a brand. An example includes the famous “Oh, what a feeling” by Toyota.

Collective Mark

A collective mark is a trademark that consists of goods or services that are associated with a group of companies or associations. An example includes the famous football league known as the “Western Australian Amateur Football League” (WAAFL).

Certification Mark

A certification mark is a trademark that certifies a product or service based on its quality, origins, materials, or manufacturing process. An example includes the “Australian Certified Organic (ACO)” mark that certifies organic products.

Checklist: Who can Register a Trademark in Australia?

Australian and global entrepreneurs need to understand the eligibility criteria for trademark registration in Australia. Given below are those who can register a trademark in Australia-

  • Australian Individuals and Corporations :- All Australian individuals and corporations that are engaged in a legitimate commercial, industrial, or service business are eligible to register a trademark in Australia.
  • Trustee of a Trust :- Australian and Foreign Trustees that are engaged in a legitimate commercial, industrial, or service business are eligible to register a trademark in Australia, provided the foreign trustees hire a local trademark attorney or agent based out of Australia or New Zealand.
  • Foreign Individuals and Corporations :- Foreign individuals and corporations that are engaged in a legitimate commercial, industrial, or service business are eligible to register a trademark in Australia, provided they hire a local trademark attorney or agent based out of Australia or New Zealand.
  • Foreign Entrepreneurs through Madrid Protocol:- Foreign entrepreneurs that are engaged in a legitimate commercial, industrial, or service business are eligible to register a trademark through the Madrid Protocol’s single application with the World Intellectual Property Organization (WIPO).

Industries Required to Register a Trademark in Australia

All industries that have a unique brand identity must register a trademark in Australia.

Top 10 Industries that Must Register a Trademark in Australia

  • Financial Services and Fintech Industry
  • Software and IT Industry
  • Retail and E-commerce Industry
  • Sports Entertainment Industry
  • Fashion and Cosmetic Industry
  • Food and Beverage Industry
  • Healthcare and Pharmaceutical Industry
  • Research and Development Industry
  • Telecommunication Industry
  • Mining Industry

10 Businesses Seeking Australia Trademark Registration

  • Startup RegTech & WealthTech Business
  • Software Developers and IT Park Business
  • Online Retail Platform and Digital Service Business
  • Cricket and Rugby Business
  • High-End Apparel and Personal Care Business
  • Restaurants and Food Chain Business
  • Healthcare and Digital Pharma Business
  • Scientific and Market Research Business
  • Mobile and Internet Service Provider Business
  • Mining Export Business

Post-Enforcement Compliances for Trademark Registration in Australia

The post-enforcement compliances for trademark registration in Australia are as follows:

  • Preparation of licensed trademark agreement
  • Continuous usage of the registered trademark in Australia
  • Timely renewal of registered trademark
  • Monitor and investigate potential trademark infringements
  • Report any change or modification in ownership of the registered trademark with IP Australia
  • Hold trademark opposition and cancellation
  • Maintaining accurate records of trademark usage
  • Manage post-enforcement compliance with relevant international treaties
Trademark Registration in Australia

Why Trust Enterslice for Australia Trademark Registration?

We have a decade of experience in intellectual property registration. Enterslice helps businesses and global entrepreneurs get fast and profitable trademark registration in Australia. We streamline trademark licensing in Australia. Given below are the reasons why we are the first preference of brand owners seeking Australia trademark registration-

  • 10+ Years of Proven Experience in Trademark Registration in Australia
  • 99% Success Rate with Trademark Registration in Australia
  • Empowered 1000+ brands with Australia Trademark Registration
  • Constant Support in Trademark Surveillance
  • Fast filing of Australia Trademark Registration Application
  • 100% Transparency in Fees for Trademark Protection in Australia
  • Assured Continuous post-registration with Australian Border Force (AFB) Customs Rules
  • Offers 24x7 dedicated Customer Support for Trademark Registration in Australia
  • Ensures 100% Compliance with Australian Trademark Laws
  • Trademark Registration Across 10,000+ Jurisdictions Worldwide

FAQs on Trademark Registration in Australia

A trademark is an exclusive right to a product or service in the form of brands. It enables businesses to file lawsuits and claim damages against the unauthorized use of their brands. It also helps establish brand reputation, enhance customer experience, and expand business operations.

The Trade Marks Act of 1995 (Cth) is the Australian trademark law that governs trademark protection in Australia. The Trade Mark Regulation of 1995 (Cth) is a regulation that broadly explains the legal framework of the primary law.

IP Australia is the primary trademark authority that governs and protects trademark registration, renewal, and cancellation processes as per the regulations of The Trade Marks Act of 1995 (Cth).

The trademark protection in Australia is valid for 10 years from the date of the official registration by IP Australia. The applicant must renew the trademark registration within the last 12 months of the ongoing 10-year Australia trademark registration.

The different types of trademarks for trademark licensing in Australia are as follows:

  • Word Mark
  • Non-English Mark
  • Logo Mark
  • Series Mark
  • Color Mark
  • Three-dimensional (3D) Mark
  • Sound Mark
  • Scent Mark
  • Movement Mark
  • Collective Mark
  • Certification Mark

The benefits of trademark protection in Australia are as follows:

  • Brand Identity
  • Asset Creation
  • Exclusive Rights
  • International Trademark Protection
  • Customs Enforcement
  • Legal Protection Against Counterfeiters

Given below are the eligible ones for Australia trademark registration-

  • Australian Individuals and Corporations
  • Trustee of a Trust
  • Foreign Individuals and Corporations
  • Foreign Entrepreneurs through Madrid Protocol

The process for Australian trademark registration is as follows:

  • Step-1: Australia Trademark Search
  • Step-2: Choose the Australian Trademark Application
  • Step-3: Application Submission
  • Step-4: Examination and Publication
  • Step-5: Opposition Period
  • Step-6: Issuance of Australia Trademark Certificate

IP Australia takes at least 7 months to register a trademark in Australia. The timeline for trademark licensing is as follows:

  • Australia Trademark Search: 2 to 3 days
  • Choose Australian Trademark Application: 1 to 2 days
  • Application Submission: 2 to 4 days
  • Examination and Publication: 3 to 4 months
  • Opposition Period: 8 weeks
  • Issuance of Australia Trademark Certificate: 1 to 2 weeks

Given below are the documents needed for Australia trademark registration-

  • Trademark Registration Application Form
  • Name of the Applicant
  • Address of the Applicant
  • A Print and Representation of a Trademark
  • A Brief Summary of the Trademark
  • List of Products and Services as per the Nice Classification (NCL)
  • Details of the Local Representative, if any
  • Priority Documents, if any
  • Translated Documents, if any
  • Application Payment Confirmation Receipt

Businesses that require trademark protection in Australia are as follows:

  • Startup RegTech, & WealthTech Business
  • Software Developers and IT Park Business
  • Online Retail Platform and Digital Service Business
  • Cricket and Rugby Business
  • High-End Apparel and Personal Care Business
  • Restaurants and Food Chain Business
  • Healthcare and Digital Pharma Business
  • Scientific and Market Research Business
  • Mobile and Internet Service Provider Business
  • Mining Export Business

Yes, trademark owners can renew the Australia trademark registration by filling out a renewal application with IP Australia within the last 12 months of the ongoing 10-year trademark registration.

Yes, IP Australia provides a 6-month grace period to renew the Australia trademark protection post the expiration of the ongoing 10-year trademark registration for a late fee with the renewal fee.

Yes, IP Australia has an Australia trademark search database on its website that allows applicants to conduct preliminary trademark name searches. IP publishes trademarks on the same to allow third-party oppositions.

TM-Headstart is a pre-filling assessment service for first-time applicants who are looking to register a trademark in Australia with little to no experience. It helps detect early application errors for additional costs.

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