A registered trademark in Australia will provide you with protection for your brand, name or logo. To help you on your way to protecting your business, this article describes how to get a trademark in Australia.

A properly registered trade mark will help distinguish your goods or service from others and ensures no one can use it without your permission anywhere within Australia. It is useful to understand that there are different types of trademarks, namely: words, names, colors, devices, slogans, certain three-dimensional shapes, sounds, scents, holograms, trade dress, taste, and touch. However, don’t let this broad list confuse you as most business trade mark either their name, their logo or a combination of the two.

Here are the 5 steps to getting your trade mark in Australia.

    1. Make a decision on your trademark:

      Before you apply to get a trademark in Australia, you should be sure of what you aim to trademark. Making a wrong choice when getting a trademark will be very costly as government fees are not refundable, but more importantly, you may go years not knowing you protected the wrong part of your brand. Therefore, this is the stage you ensure that you have clearly defined what trademark you want to get. Is it a name, logo, or a bit of both?

    2. Understand the goods and services:

      When getting a trademark name, you must provide a list of goods and services for which you will be using your trademark on. These goods and services need to be listed in one or more different classes. The Trade Marks Classification Search helps you with the correct classification of goods and services for your trade mark.

    3. Search for earlier trademarks:

      Before you get a trademark in Australia, it is important that you perform a detailed search to make sure there are no similar trademarks that are already registered. It is wise to search as widely as possible. Searching is a tedious process as it requires skill and persistence as just searching only for an identical mark will not provide meaningful results. Here are some useful tools that can help in the search process: Australian trade mark search and trade marks image viewer

    4. Apply to get a trademark:

      Now it time to make your application. At this point you should be ready with all the required information including the classes of goods and services for which you intend to cover with your trademark. Once a trademark is submitted, only minimal changes can be made.

    5. Pass government examination:

      Trade marks are examined by the government to ensure they are acceptable. It will normally take you three to four months for your trade mark application to be examined by the Australian government once submitted. If your trade mark application is accepted you will be notified in writing. Your trade mark will then be advertised as ‘accepted’. It then goes through a two month advertising phase where it is open for opposition. After that, if there are no oppositions or reasons to revoke the trade then your trademark will be registered.

We have a dedicated FAQ section where we answer your questions on getting a trademark. We are always able to answer any email inquiries you send if you need any further help.

At Trademarkings, we help our clients get a trademark registered in Australia, New Zealand and United States.

Need some advice on this?

If you need some more advice in your particualr case, we offer a free initial consultation.

Differences between IRDA and national trade marks

Are there any substantive differences in trade marks practice and law between trade marks protected in Australia as international marks and national marks?   INTRODUCTION International trade marks and brands that exist and trade in nations across the globe are...

When Do I Need to Trademark?

As a new business manager, you might ask yourself whether it is necessary to register your trademark immediately or if it is something that can wait until you are more established in the marketplace. You might wonder why, if you have already taken the steps to...

Benefits of a trademark in the United States

Trade marks are registered on a country-by-country basis.  This means that you need to apply for trade mark protection in each country you seek to protect your trade mark.  This takes money and effort.  For this reason, it is usually better to focus on only those...

Why Was My Trademark Rejected?

What Causes A Trademark To Be Rejected? A registered trademark will give you a legal monopoly over the word or logo that you have registered.  This is a powerful right, and the government will not grant it without first examining it on several grounds.   Let’s first...

Protect your trade mark in the United States

There is no single worldwide trade mark registration.  You will need to apply to each country in which you would like to have a registered trade mark.  Even for large companies, this task can prove too cumbersome and expensive.  Therefore, the pragmatic route is to...

What Happens If I Don’t Get a Trademark?

Do I Need a Registered Trademark? Having an officially registered trademark for your business is not actually a legal requirement.  As long as you are otherwise obeying the legal obligations of running your business, such as having the correct licences, paying taxes...

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...

Trademark attorneys and trademark lawyers in Australia

I often get asked about the difference in Australia between a trade mark attorney and a trade mark lawyer.  In Australia, a trade mark attorney is a separate profession to that of a lawyer or a ‘trade mark lawyer’. While both professions are legal entitled to work in...

Protect Your Logo as a Trademark

Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and...

Can I patent or trademark my business method?

Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter...