A trademark identifies the products or services of a specific business. It is, therefore, a valuable business asset that needs to be protected to prevent others from trying to use it to sell their products and services. The trademark can just be the name of the company or product but does not need to be and can be.
When you apply to register a trademark, you must describe the goods or services you intend to use your trademark on. In addition, these goods or services need to be identified from one or more classes.
Before you begin, think carefully about the goods or services you want to be protected by your trademark. If you make a mistake, you will not expand your list of goods or services once you file your application.
This calculator and trademark application fees are based on the number of classes you wish to file in. When you know how many classes you wish to file in, select the number from the drop-down to calculate approximate costs at the different stages of your trademark application.
We've listed the cheapest trademark registrations in Australia. So whether you're a startup or an established business, read on to find out how you can protect your brand name!
Ultimate List Of Trademark Registrations Australia
Company 123 - Trademark Registrations Australia
+61 3 98320854
Company 123 Pty Ltd is an Australian company (ACN 169 119 242) whose aim is to simplify the company registration process for those wishing to incorporate a business. We’re here to save you the time and the stress associated with an otherwise lengthy and complicated process.
We are a registered ASIC registered agent, and our founding accountant and solicitor have a wealth of experience incorporating companies in Australia.
Advanced, automated and simple company registration 24 hours a day. We offer a fully automated, quick and cost-effective company registration process. By completing an easy form, within 5 minutes, you will receive full company registration documents setting up an Australian private company. We offer full customer support (telephone and email) 24 hours a day. It could not be any simpler, register your company today.
Why register a trade mark?
- A registered trade mark gives you the exclusive legal right to use, license and sell your intellectual asset in Australia.
- Registering a company name, a business name, or a domain name does not give you exclusive rights to use that name.
- If infringed, you may serve a notice to object to the importation of goods that infringes your registered trade mark.
Why engage Company123?
- We’re a passionate start-up and strive to provide you with the best service when it comes to registering trade mark because we understand that your business name or logo is the most valuable marketing tool
- We have expert trade mark attorneys who are qualified lawyers in Sydney and Melbourne
- Call our friendly team with your queries and we will get back to you as soon as possible with detailed answer
Why Use Us
- Quick and simple registration process.
- Company registered in less than 5 minutes.
- Full documentation emailed to you so you can start trading.
- ASIC agent 34511.
- Prepared by a qualified lawyer and accountant.
- Full telephone and email customer support are available 24 hours a day.
- The simplest and most cost-effective company registration process available
Open Legal - Trademark Registrations Australia
1300 337 520
OpenLegal is a full-service commercial law firm. Our services cover the full range of Australian business law, including contracts, employment law, financing, commercial property, intellectual property, franchising, business sale/purchase, litigation & more. Discuss your needs with our commercial lawyers today.
We provide fast, cost-effective legal services to Australian businesses, from SMEs and startups to enterprises and corporates. Our services include contracts, leases, franchises, startups, online law, taxation law, employment law, intellectual property, company set up, debt recovery, civil litigation and more. All our fees are provided upfront before we start work so that you can budget with ease. We make it easy to engage with specialist business lawyers who are outcome-focused and always client-centric.
The Standard Filing Service
Applying for a trademark using the standard filing service is cheaper as the starting cost is $250. However, it may cost you more in the long run if your application is filed with mistakes because it is not refundable. In addition, separate from a TM Headstart, there is no pre-assessment by an examiner, creating a greater risk of mistakes.
When you file a standard trademark application, it is made publicly available shortly after you file your application. Once it is published, only minor changes can be made. When applying, you can choose to either use the picklist or not. Applying with the picklist will be cheaper. Also, series trademark applications are nearly double as the starting cost is $400. A series trademark involves two or more similar trademarks on the same application.
TM Headstart Service
This service is a quick turnaround assessment that indicates whether your trademark is likely to encounter any problems with its registration before you publicly file. Unlike the standard filing service, this method involves a two-stage process and a two-part payment.
Part 1 involves a trademark examiner assessing your request and collating an assessment results report; sent to you within five working days. This method assists you with identifying potential barriers to registration that your trademark might face. The starting cost for Part 1 is $200 per class.
Once you have paid your Part 1 fee and received an assessment result, you are given the option to formally file your application and receive a filing date by paying the Part 2 fee. This fee is $130 per class. Thus, the TM Headstart method costs more than the standard method due to the assessment services. The total cost starts at $330. However, it may cost less in the long run because the two-part process better safeguards you from making mistakes in your non-refundable application.
In addition, TM Headstart is a fast turnaround service imposing strict timeframes. For example, you are only given five working days to consider your options before your assessment discontinues. If the strict deadlines are impractical for you, then consider lodging your trademark application through the standard trademark application process.
Spruson & Ferguson - Trademark Registrations Australia
(02) 8003 0255
Established in 1887, Spruson & Ferguson is one of Asia-Pacific's largest intellectual property (IP) service providers. As a leading Asia-Pacific IP firm, we have offices in Australia, China (Beijing and Hong Kong), Indonesia, Malaysia, Singapore and Thailand, and direct filing capabilities in Brunei, New Zealand, and Papua New Guinea. Over the years, Spruson & Ferguson has established itself as a regional IP hub, offering the highest standard of service to our clients throughout the Asia-Pacific region. Spruson & Ferguson companies are members of the IPH Limited group, which includes a range of professional services firms operating under a number of brands throughout the Asia-Pacific region.
Spruson & Ferguson have a long history of providing intellectual property protection in the Australasian region. We are one of Australia's largest intellectual property (IP) firms and one of the oldest, established in 1887.
Our professional team of patent and trademark attorneys in Australia are qualified to act directly before IP Australia, the Federal Government body that administers IP legislation relating to patents, trademarks, registered designs and plant breeder’s rights. Our long history has allowed us to build robust infrastructure supported by sophisticated systems and highly skilled and experienced teams.
Trademark protection is the key to securing the brands and images that distinguish a company from its competitors. The Spruson & Ferguson team of highly qualified trademark attorneys has the experience to help our clients successfully protect their brand and image. We offer a comprehensive range of trademark services, including:
- Advice on brand creation and meeting trademark registration requirements in Australia and overseas
- Filing of trademark applications locally and internationally, including via the Madrid Protocol
- Prosecution of trademark applications, including an appearance at hearings
- Defending actions for trademark removal
- Acting in opposition proceedings
- Trademark clearance, searching and watching services
IP-Coster - Trademark Registrations Australia
(02) 8058 7388
IP-Coaster is designed to generate accurate cost estimates, initiate direct filings and provide workflow solutions for patents, utility models, trademarks and industrial designs all over the world. In addition, IP-Coster compiles all national legislation aspects of Intellectual Property Laws in order to facilitate foreign filings. The honourable mediation of IP-Coster members supports all provided information. The platform offers the following solutions.
Trademark Registration In Australia
- Trademark fees
Fees associated with filing trademark applications in Australia and other trademark fees are available in the fee calculator.
- Multiple-class applications
Multiple-class trademark applications are possible in Australia.
- Filing requirements in Australia
An Application Must Be Filed In English And Contain At Least The Following:
- a representation of the trademark;
- the specification of goods/services;
- applicant's name and address;
- priority claim, if any;
- confirmation that the application fee was paid.
Convention priority is to be claimed on filing the application or within two days. A certified copy of the Priority Document may be required during the examination and an English translation of the document (if in another language) with a certificate of verification relating to the translation.
The Power of Attorney submission is not required for trademark registration in Australia.
- Examination, publication and opposition of a trademark application in Australia
The process of the examination consists of a formal examination, an examination of distinctiveness and a search for prior trademarks. The trademark application is published in the “Australian Official Journal of Trade Marks” if accepted for registration. Opposition against a trademark in Australia may be filed within two months from the publication of the acceptance date.
FAQs Trademark Registrations Australia
Do you need to trademark a logo or get a trademark business name? Let’s look at how to trademark a name. First, you need to follow the legal process set out by the Australian Intellectual Property Office.
Our website was created by trademark lawyers who know the trademark process and the requirements inside-out! We created this platform to cut the red tape and make trademark registration online quick and easy for anyone. You don’t need a lawyer, and you don’t need to struggle with a tedious, clunky trademark application process. As our customers confirm, it’s painless with Trademarks Online.
As our tagline says: Trademarks Online is the fastest, easiest way to protect your brand. Our customer testimonials confirm that this is true. Registering a trademark can be a time-consuming, complicated process if you try doing it yourself on government websites using systems that are not intuitive to individuals who are not trademark attorneys. Without our intelligent classification software, you could leave out details. Your application might not include all the correct goods and services classes to ensure that you protect your brand adequately.
It is much more expensive to employ trademark lawyers to make the application for you. Trademarks Online's groundbreaking software helps you create your goods and services specifications by providing you with relevant approved goods and services in a flash. We offer a fully-automated, self-service solution. No lawyers required.
After Trademarks Online has submitted your Australian trademark application, we'll email you progress updates:
- if IP Australia accepts and then publishes your application
We'll let you know the good news by email!
- if your application faces a trademark objection to the wording of the goods and services
We'll fix it for no charge and let you know by email.
- if your application receives other sorts of objections
Your application may be held up if:
- another person or company has an earlier trademark registration that is identical or confusingly similar to your trademark;
- your trademark does not satisfy the IP Australia criteria for registration; or
- Another person or company formally submits a trademark in opposition to your trademark registration.
Trademark infringement is the unauthorised use of a trademark or a closely similar trademark in a way that is likely to cause confusion, deception, or mistake about the source of the goods and services.
If you have a trademark registration, you can take action against anyone who infringes your trademark to stop them from using your trademark. If you don’t have a trademark registration, you may still be able to take action in these circumstances, but you will need to rely on fair trading legislation or the common law action of passing off, which can be more difficult to prove.
Trademark registration is the most efficient way to protect your brand and is proof of ownership of the trademark. It enables the owners to enforce rights against a third party if they infringe the trademark and use it for their products or services. Trademark registration also crystallises economic rights which can be sold, licensed to others or exploited as a form of security. Therefore, you can regulate the use of your trademark and stop others from using it. Trademark registration also gives notice to the public of your rights, which can be an efficient deterrence for potential infringers.
A breach of exclusive rights granted by the registration of a trademark is called infringement. A trademark holder is entitled to sue anyone who uses identical or deceptively similar marks in relation to similar goods and services without the authorisation of the trademark holder. Various forms of legal action may be taken against the infringers based on the severity of the offence.
Michael Buck IP - Trademark Registrations Australia
+61 (0)2 8417 123
Michael Buck IP is an independent, Queensland owned and operated patent and trademark attorney firm based in Brisbane and Sydney’s North Shore, Australia.
We help creative people and businesses. Our clients range from local companies and individual inventors to startups, international corporations, universities and research organisations.
Trade Mark Registration In Australia
Our services include the professional preparation of applications for trademark registration. In addition, we can assist you in overcoming examination objections to secure trademark registration in Australia, New Zealand and overseas.
We can assist you with:
- Trademark searches;
- Trademark application preparation and lodgment;
- Trademark opposition and enforcement matters;
- Trademark assignments;
- Trademark co-existence and licensing agreements; and
- Trademark watching/ trademark monitoring services.
Australian Government Trademark Registrations
1300 65 10 44
We are the Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trademarks, designs and plant breeder's rights.
Purpose Of Registering A Trade Mark
A registered trademark provides you with exclusive rights to use, licence and sell the mark. It’s also a valuable marketing tool because the value of your trademark increases with the success of your business.
Types Of Trademarks
Your trademark, often called a brand, is your identity. It’s the way you show your customers who you are. It might be your corporate logo, a jingle you use in an advertisement, your business name painted on the side of your truck or your signage or packaging.
A trademark can also be a:
- word (in a plain font or a ‘fancy’ font)
- aspect of packaging
- Or a combination of the above.
IDS Australia Trademark Registrations
(02) 8003 9788
IDS Australia was founded in 2009 in the heart of Canberra. The Madrid system (officially the Madrid System for the international registration of brands) is the primary international system that facilitates the registration of trademarks in multiple jurisdictions around the globe. The legal basis was formed by the 1981 multilateral agreement of Madrid for the international registration of brands, as well as protocol established for the Madrid Agreement (1989). IDS Australia ensures that trademark law remains simple and affordable. We use an online automated system that meets international standards.
- Domain names
- Australian trademark registration
- International trademark registration
IDS Australia works with various international organisations that are active in intellectual property. We specialise in registering domain names, patents, brands, trademarks and logos. We also maintain strict supervision and act against any potential infringement on your brand name.
A domain name is a unique name on the internet. Usually, domain names are used for websites. You can protect your domain name from third parties who register the same extension.
Trademark registration is one of the most effective ways to build and protect a brand. You can register your trademark at both the national and international levels. Register your brand today.
Is your company also active outside of Australia? Then you can also register your trademark at an international level. This way, you can also protect your brand outside Australia.
Australian Patent And Trademark Registrations
1300 138 361
Many clients move to our Patent and Trademark Attorney Firm because we invest the extra time to protect their longer-term position. It also frees them up to concentrate on their business, and they sleep better at night knowing the legalities are being taken care of properly. Our firm’s goal is to minimise litigation risk and exposure. Our Patent and Trademark Attorney firm has a proven track record with optimising patents, designs and trademarks for enforceability (so that copycats don’t exploit gaps).
Our firm also has one of the best track records in arguing applications through the Trademark Office when refused, something not all firms are geared up to do. You do not find this outcome until later when the patent, trademark or design application is assessed. Applying 23 years of patent and trademark Court knowledge and experience when applying for new Patent Applications, Design Applications, or Trademark Applications can make all the difference in the longer term.
Our Attorney firm follows updates to the Patent Act, Trademark Act and Design Act. In addition, our Attorneys spend substantial time reviewing many Court cases to gain knowledge on how to file better patent, trademark and design applications for our clients. As a result, a handful of Court cases that make pertinent legal points are outlined here in our blog section.
Our Attorneys also attend patent attorney conferences and seminars to ensure our clients benefit from the latest correct content for patent, design and trademark applications. It is not the Government’s responsibility to advise you of content mistakes, flaws or whether the patent, design or trademark is technically correct.
IP Australia processes applications but does not check your patent, design or trademark application for flaws that make enforcement problematic or cause the rights to be cancelled at Court. So our attorney services are essential to ensure your patent, design, and trademark applications meet the legal requirements to ensure proper enforcement. Unfortunately, this problem won’t be discovered until the applications are put to the test well into the future, either through Opposition or in Court.
Need A Trademark Registered?
A Trademark protects a brand, logo, slogan or name so that you can distinguish your business brand registration in Australia from your competitors. Trademark Registration in Australia is recommended so you can enforce and prevent other businesses from securing rights to your brand. You can also trademark a company name registration in Australia and a business name in Australia.
What isn’t well known is that a Trademark is only as good as the details that are lodged, which the Government does not assess. Understanding the trademark laws and your business to ensure that the correct legal details are lodged is essential otherwise, your trademark rights can be removed (or cancelled). A Registered Trademark protects the brand and provides Australia-wide exclusive rights for you to use your Trademark in respect of certain goods and services that it is registered for. A Trademark also supports your entitlement to an A.S.I.C. Registration featuring the trademark, such as a company name or business name. Likewise, domain names can be protected and controlled if you have registered the domain name (website) as a Trademark. Importantly you should never purchase a domain name without checking who owns the Trademark.
A Trademark Registration allows you to enforce your Trademark rights to claim through Federal Court compensation (damages) or lost profit when a rival has used your Trademark. Contrary to belief, an A.S.I.C. Registration for a business name, company name or domain name DOES NOT provide any legal rights or ownership of a brand or logo. Only the Trademark Registration does, and only if you comply and meet the requirements of Trademark law. Trademark requirements are not part of the Trademark Application process but are ongoing compliance and obligations as you trade with the Trademark. Only a legal practitioner can guide you through this as your business trades.
IP Service International - Trademark Registrations Australia
1300 770 084
IP SERVICE INTERNATIONAL is an internationally operating Intellectual Property protection firm based in Sydney, Australia. We are committed to providing effective and cost-efficient solutions to any IP matter. Our team develops well-thought strategies and handles each IP right in accordance with our client's unique business needs. Our comprehensive IP protection services provide a strong foundation to enterprises of all industries and sizes and are designed to provide long term value.
We provide an end-to-end range of protective services for your Trade Mark across 170+ jurisdictions, both preventative and responsive, including international Trade Mark registration and opposition proceedings.
The law defines a Trade Mark as “a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and aspect of packaging”. It distinguishes the goods and services of one trader from those of another. Your logo or name is what makes your brand recognisable. In order to own the rights to your Trade Mark, you should register it.
Costs To Register A Trade Mark
The costs to register a Trade Mark can vary significantly, depending on:
• How many names, slogans, and logos do you use and wish to register
• How many Classes do you need to cover all of your goods/ services
• In how many countries do you wish to protect your Trade Mark
• Whether your application receives any objections or oppositions
The costs payable comprise professional fees and official fees. The official fees vary from country to country.
As a rule of thumb, registering a Trade Mark in one class will cost about A$ 1,000 per country in a smooth case. Contact our team for a free consultation and quotation for your Trade Mark.
- The costs to register a Trade Mark can vary significantly, depending on the number of marks, classes, and countries.
- Our team will provide you with a free consultation and quotation for your Trade Mark.
Bond IP - Trademark Registrations Australia
Bondi is a trusted patent and trademark attorney practice specialising in research, strategic counsel, preparation, and filing of IP rights applications for local and international applications through registration and clearance searches and freedom to operate advice. We are committed to helping you with your Australian or International Patent application and offer the following services and more.
Services We Offer to Protect Your IP
• How to apply for a patent
• Trademarks registration
• Preparing, filing, and prosecuting patents
• Pre-lodgement searches
• Freedom to operate and infringement searches
• Competitor IP analysis when you apply for a patent
• Strategic advice for local and international IP portfolios
•. Patent Application help, design patent applications, trademark applications
Patentable - Trademark Registrations Australia
(02) 9199 7523
Patentable is a boutique patent and trademark attorney firm based in Western Sydney, which offers full services nationally. We understand your business objectives and budgets and, with our technical and legal experience, guide you through the process of obtaining meaningful intellectual property protection.
As a local to the Western Sydney Region, we seek to enhance growth by assisting local businesses in protecting and enforcing their intellectual property rights. We also assist businesses that may receive a cease-and-desist letter from a third-party rights holder – typically assessing the infringement risk, advising on appropriate options available, and responding to the other side.
As a Client, we can attend your office for meetings across Sydney and through Greater Western Sydney (including Blacktown, Canterbury-Bankstown, Camden, Campbelltown, Cumberland, Fairfield, Hawkesbury, Hills Shire, Liverpool, Parramatta, Penrith, Wollondilly) and the Blue Mountains.
We understand the effort embedded in and intrinsic value of your brands (trademarks) – and can assist in all trademark matters. Whether an individual, small business owner or national company, we can assist with all your trademark requirements. Our client portfolio encompasses a variety of businesses with vastly diverging commercial needs. We are committed to providing high-quality, practical advice on Australian and international trademark selection and registration tailored to your business needs. In addition, patentable can provide capped-fee quotes for preparing and filing your trademark applications.
Our Trademark Attorney Services Include:
- Investigating registrability of trademarks
- Trademark searching to locate Trademarks registered in Australia or overseas
- Providing management strategies for your trademark portfolio
- Filing and prosecuting trademark applications before the Australian Trademarks Office
- Filing and prosecuting international trademark applications
- Advice on licensing and assigning trademarks
- Opposing third-party trademark applications
- Dispute resolution
- Advice on trademark infringement
Patentable trademark attorney practice is based in Sydney and provides strategic and cost-effective services for securing and enforcing trademark protection for your brands.
Raven IP - Trademark Registrations Australia
1300 737 725
A team of exceptionally skilled intellectual property professionals registered to practice in Australia and New Zealand, with backgrounds ranging from business, branding and marketing to computer, electrical and mechanical engineering. With such diversity in skill sets, the Raven IP team are capable of assisting most business owners or innovators in taking the next step to protecting their most valuable assets – their intellectual property (specifically patents, designs and trademarks in Australia and Overseas).
Your Name, Brand And Reputation Mean A Lot To Us.
There is nothing we like more than seeing our client's trademarks plastered over a billboard, being marketed by local retailers, or picking it up whilst travelling overseas. Our Trade Mark Attorneys are committed to giving our clients the best possible protection for their brands, which we like to consider as one of their most powerful (and valuable) assets.
A registered trademark is a federally granted, nationwide monopoly to protect your goods and services against your competitors. Without your trademark registration, another party could apply for an identical or similar trademark and be granted registration at any time without your knowledge. Our goal is to ensure your trademark is safeguarded effectively so you can go about your business activities in each market with confidence in the knowledge that your brand is well-protected by your IP partners, Raven IP.
Our Trade Mark Services Include
- Australian and International brand protection strategies
- Providing trademark registrability advice
- Assisting with brand creation
- Conducting trademark searches to determine the availability of trademarks in Australia and overseas
- Preparing, filing and managing Australian and international trademark applications
- Preparing, filing and managing Madrid Protocol (international) trademark applications
- Responding to objections raised by TradeMark Examiner’s upon examination of trademark applications – in Australia and abroad
- Researching and providing advice on the validity of registered trademarks for non-use/removal purposes
- Prosecution of trademark opposition proceedings for both the trademark owner/applicant and opponents in Australia and abroad
- Negotiation and settlement of trademark oppositions and disputes
- Management of Australian and international trademark portfolios
- Facilitating the renewal and maintenance of trademarks
- Education of our clients and their teams or networks in best practice trademark protection and management
King & Wood Mallesons - Trademark Registrations Australia
1300 770 923
Whether designing new legal frameworks or establishing new precedents, we apply our deep technical legal expertise to deliver simple solutions that address complex challenges.
We help our clients manage their risks and enable their growth. Our full-service offering combines un-matched top tier local capability with an international platform. We work with our clients to cut through the cultural, regulatory and technical barriers and get deals done in new markets.
Protect And Enforce Your Trade Marks With Top Tier Commercial Legal Thinking Across Your Portfolio
Every business has a brand, and protecting trademarks and commercial reputation through a robust and systematic approach to trademark clearance, filing, and enforcement are essential in maintaining a competitive advantage.
KWM has Australia’s largest trademark filing practise within a law firm. The trademark team provides a full-service practice, working with you to develop a strategic framework to protect your trademarks and offer regular support on searches and prosecution. Our mastery of the trademark clearance, registration and enforcement life-cycle process allows us to achieve results and say “yes” where others may not.
Our household name clients regularly engage our IP team to provide proactive trademark protection (trademark clearance, trademark prosecution, portfolio management) and enforcement (oppositions, non-use actions, disputes and litigation) advice and seek out our deep insight and top tier expertise due to our involvement in some of the largest and most complex trademark disputes, passing off and misleading and deceptive conduct actions and claims made by predatory competitors globally.
We are experts at developing litigation strategies designed to secure the best litigation outcome for our clients, having regard to the clients’ commercial imperatives and objectives in each particular case. IP can be at risk in one or more regions; KWM is on the ground with hands-on experience in managing and protecting brands throughout APAC and the world. In addition, our strong network of international associates and local counsel is available to ensure you receive seamless top tier service.
Kreuzer IP - Trademark Registrations Australia
+61 (2) 9680 8688
Kreuzer IP is a professional firm that specialises in helping all types of businesses in matters of Intellectual Property both in Australia and internationally. Our professional team has amassed tremendous experience working with the smallest clients, SMEs, institutions, and multinational corporations.
We help our clients obtain, use, and enforce their Intellectual Property rights in inventions, trademarks and designs, and help them defend against infringement of third party Intellectual Property rights. We assist at all stages of a business—from the embryonic stages of choosing a business name; to the established phase of manufacture and supply of products and services; to the technically and intellectually advanced stage of technology transfer.
- IP BUSINESS STRATEGY
- REGISTERED DESIGNS
- INTELLECTUAL PROPERTY CONFLICT SUPPORT
Mann IP - Trademark Registrations Australia
+61 (0)8 6161 0999
Mann IP is a specialist firm of patent and trademark attorneys based in Perth, Western Australia. We prepare, file and prosecute patent, trademark and registered design applications and provide advice about infringement, validity and enforcement of intellectual property rights.
We charge capped and fixed prices for all patent, trademark and design applications that we prepare and file.
Register A Patent
A patent provides an exclusive right to exploit an invention commercially for a period of time. Patentable inventions can include devices, substances, processes and methods.
Register A Trade Mark
A trademark identifies your brand and distinguishes your goods and services from other businesses. Trademarks can include words, slogans, logos, shapes and features of packaging.
Register A Design
A registered design protects how your product looks. This may include its 2D/3D shape or configuration, colour scheme, surface pattern or ornamentation.
Mann IP can monitor and manage renewal dates for your entire IP portfolio. We also provide searching and watch services enabling you to keep track of your competitors' IP activities.
Queensland Government - Trademark Registrations Australia
13 QGOV (13 7466)
When applying to register a trademark, you need to search existing registered marks to determine whether:
- the trademark is distinctive enough to allow registration
- The trademark conflicts with any pre-existing registered marks or applications for the same kinds of goods or services as your product or service.
Once the application is accepted, it is advertised in the Australian Official Journal of Trade Marks. Interested parties are given the opportunity to oppose registration on certain specified grounds for three months. In the absence of any opposition, the mark is registered upon payment of the registration fee.
Requirements For Registration
To be registrable, your trademark must meet two major requirements:
No Conflict With Existing Trademarks
Your trademark must not conflict with pre-existing registered (or unregistered) trademarks.
You will not be able to register a trademark that is identical or deceptively similar to another trader’s registered trademark if the goods and services are similar. This is because having similar trademarks for similar products could confuse customers and lead to the other trader demanding that you cease use and take legal action against you if you do not.
To help ensure that your trademark does not conflict with a registered mark, you should search the free Australian Trade Mark Online Search System for registered or pending trademarks associated with similar goods or services. You should also do preliminary searches to help ensure that your trademark does not conflict with any similar names or marks being used by other traders, even if they are not registered as trademarks. A simple scan of the internet may reveal evidence of potential conflicts. The owners of unregistered trademarks may oppose the registration process for your mark or, in some circumstances, even take legal action under the common law of ‘passing off.
Your trademark must be sufficiently distinctive and not just a descriptive term ordinarily applied to the goods or services or a mark that other traders would need to use in the ordinary course of trade. Distinctiveness can be inherent or acquired. Inherent distinctiveness is the natural and unique appearance of your trademark.
The distinctiveness of a trademark can also be acquired through use in the marketplace; for example, if you have used the trademark extensively prior to filing for registration, your trademark may already distinguish the designated goods or services as being those of your business. Your trademark will be seen as sufficiently distinctive if you can establish this, and registration will be granted.
Trademarks that are sufficiently distinctive and unlikely to be used by other traders include:
- Invented or ‘concocted’ words such as KODAK. Note that simply putting two known words together to form a new word does not necessarily constitute an ‘invented’ word. For example, GOODBYE would not be considered an invented word.
- suggestive or emotive words such as LUCKY STRIKE for matches
- Words that are not descriptive of the goods and services, such as PICNIC for clothing.
The fee structure for registering a trademark depends on the number of classes under which your goods or services are categorised. Most of the fees will be a multiple of the number of classes. In addition, there are a number of other fees that apply to other actions that may be required in relation to your trademark application. See IP Australia for a full list of these fees and payment methods. Legal fees for advising on trademark issues, preparing applications and progressing a trademark application to registration are additional to any fees payable to IP.
Australia and should be considered before seeking advice.
IP Australia offers an online service that can help you determine the suitability of your proposed trademark for registration. Called TM Headstart and available through IP Australia’s online services, it can help you identify any barriers that could prevent you from registering your proposed trademark. Fees for accessing the service are approximately $90 per class.
Each trademark is registered in relation to a range of goods and services. Following the Nice international classification system, the Trade Marks Act 1995 (Cth) defines 34 classes of goods and 11 classes of services. A full list of classes can be found on the IP Australia website.
You need to decide under which class (es) you wish to protect your trademark. This requires identifying all goods and services in relation to which the mark will be used and matching them to the defined classes.
It is then necessary to prepare a specification describing your particular subset of goods and services within the class. It is not acceptable to simply specify ‘All (goods/services) in this class’. There are particular conventions for describing goods and services. Assistance can be found through the use of the classification search facility on the IP Australia website or by obtaining trademark attorney advice. A registered trademark only provides protection against the use of that mark by others in relation to the goods and services covered by the registration or similar goods and services.
TradeMarks Australia Registrations
(02) 2240 9780
TradeMarks Australia advises and assists individuals and organisations in Australia and internationally with the process and procedures involved in the registration of trademarks and company formation, from search through to registration. We are also able to assist in other areas of intellectual property, such as Business Names, Domain Name Registration and Industrial Design Registration. We achieve this by liaising with the relevant Government authorities on your behalf. TradeMarks Australia™ is an Australian Intellectual Property and Business consulting firm, assisting organisations in Australia and Internationally.
With the ever-growing business population, we are constantly attending to the needs of businesses throughout Australia and internationally by providing useful information and services relating to business formation and intellectual property. This includes copyright, patents, industrial designs and trade secrets. We are made up of experienced professionals who, combined, have significant experience in all aspects of business development, trademark law and IP practice.
We are able to provide a larger range of services, helping us achieve our goal of becoming a ‘one-stop business shop. With the times constantly changing, we are aware that businesses are and, therefore, their needs. We pride ourselves on keeping up with the times and constantly providing an effective service.
We can attend to all your trademark requirements, such as the searching and provision of opinion, preparation and filing of trademark applications, including the reviewing of the Trademarks Office correspondence on your behalf, saving you valuable time, and therefore allowing you to focus on the more important day to day needs of your business or clients.
Cotters - Trademark Registrations Australia
02 9247 8033
A trademark can be the most valuable asset of a business or brand. Trademarks legally distinguish goods or services of businesses from others. Trademarks protect brands, providing exclusive legal rights to use words, symbols, logos or designs in Australia and worldwide. While business names and company names are registered with ASIC, they do not prevent others from using the same name. It can be difficult and expensive to legally enforce your brand without a trademark in the long run. Cotter's team has over 30 years of experience in trademark enforcement and trademark registration Australia-wide and internationally, called today for a free initial consultation.
Specific Trademark Attorney Services
Our Trademark attorney services include:
- Investigating the availability of Trademarks for use and registration.
- Providing strategies for the management and growth of your Trademark portfolio.
- Filing and prosecuting trademark applications before the Australian Trademarks Office.
- Filing and prosecuting international Trademark applications via the Madrid protocol.
- Assessing the risk of infringement of existing Trademarks.
- Advice on licensing and assigning Trademarks.
- Trademark is searching to locate Trademarks registered in Australia or overseas.
Trademark Works Registrations Australia
As expert Australian Trademark Specialists, here is some advice on how and why to register a trademark name. If you do not have a trademark, you do not own your business name.
It's a little known fact. Most people register their business or company names with the belief that they will then own that name and that no one can take it from them. Under the law, however, this is not the case.
The simple fact is you need a trademark. If someone else has a trademark similar to your business name, they can make you change it or effectively stop you from doing business. Every business needs a trademark to protect its name. Without a trademark, your business is completely vulnerable. All your hard work to build a brand may benefit another party. At Trademark Works, we are experts in this field, and we will ensure that your trademark has the best chance to be accepted by the Trade Marks Office. Get a trademark now, and you will never lose your business name.
At Trademark Works, You're In Good Hands.
- Registered Trademark Attorneys
- Personal Service
- Experienced Trademark Advice
- International Specialists
Register A Design
A registered design can be a valuable commercial asset. It is important to know why and how to do this. Registration of a design gives the owner protection for the visual appearance of a product at a fraction of the cost of a patent and a fraction of the time involved. A design relates to the features of shape, configuration, pattern or ornamentation, which gives the product a unique appearance when applied to a product.
Go Trademarks Registrations Australia
1300 316 508
The attorneys at Go Trademarks™ are experienced and qualified legal experts who specialise in Australian and international trademark law. We offer a professional and friendly approach to the provision of legal services for clients in Australia and around the globe. We recognise that engaging an attorney is a big step, so it’s important that you are confident your choice of the firm can give you sound advice, keep you fully informed and have your success and your best interests at heart. This is exactly what you will receive with the client-focused services of Go Trademarks. We take our responsibilities to our clients very seriously.
Benefits Of Registering A Trademark
There are numerous benefits, and they include:
- Protecting your business name and logo are two of your most important assets. Parties that use your trademark without your authorization can damage your brand and business.
- You are the legal owner of the trademark and have exclusive rights to use it.
- Registration deters other businesses from using trademarks that are similar to yours.
- Registration allows you to take legal action against those who infringe your trademark rights.
- A registered trademark is an asset that you can sell.
Among The Trademark Registration Services We Offer Are:
- A comprehensive search for similar trademarks.
- Preparing and filing your trademark application.
- Updating you on the status of your application.
Go Trademarks provides an efficient and cost-effective service for any business wanting to register a trademark in Australia.
Golja Haines & Friend - Trademark Registrations Australia
+61 8 6468 0922
Golja Haines & Friend merged in 2018 with IP Sentinels to form the largest boutique firm of patent and trademark attorneys in Western Australia. Golja Haines & Friend is a private company. It is not associated with either of the two public companies on the stock market that currently own multiple patent attorney firms comprising two-thirds of the Australian patent profession. By remaining independent, we can put our clients first and avoid potential conflicts where firms owned by the same public company may act for competitors.
Trade Marks are often referred to as brand names or brands. A Trade Mark is a word, phrase, logo, sign or symbol that identifies goods or services as coming from or being provided by a particular trader from those of other traders. A Trade Mark Registration provides you with exclusive rights to prevent others from using substantially identical or deceptively similar TradeMarks for similar goods or services to your own.
Properly registered trademarks are important to protect your unique brand and ensure your competitors don’t get a free ride on the back of your hard work marketing your business.
You can trademark words, logos, shapes, colours, scents, images or packaging – all of those things that uniquely identify your business and products. Contact Golja Haines & Friend to talk about the best way to protect your business using trademarks.
Patentec - Trademark Registration Australia
02 9188 9034
If you have a commercially valuable idea or invention, Patentec is one of Australia’s leading intellectual property firms providing individualised, capped-fee and expert patent attorney services. Our growth philosophy is simple: we want you to be impressed by our clear, efficient and effective services. We take the time to maximise the probability of acceptance of your applications through our thoroughly prepared and well-drafted patent, trademarks and design specifications, obtaining for you the broadest possible scope of international patent protection.
Protect your Idea
- International Patent Pending
- Patent Strategy
- Infringement analysis
- Validity Assessments
Monetise your IP
- Mentoring for growth
- Mentoring for investment
- Feasibility assessment
- Capital Raising
Enforce your Rights
- Patent Enforcement
- Patent Dispute Resolution
- IP Licensing
Protect your Idea
Patented will get you a broad scope of international patents pending to give you breathing space to commercialise your idea or invention.
Protect your Brand
Patented will protect your trademark to ensure that you have a right to use it and stop your competitors from trading off your reputation.
Platform IP - Trademark Registration Australia
+61 2 9911 7799
At Platform IP, we are a team of leading patent and trademark attorneys who champion ingenuity and specialise in protecting and monetising our clients’ intellectual property.
We are registered to act directly before IP offices in Australia and New Zealand, and we represent enterprises of all kinds locally, throughout the Asia-Pacific, and right across the globe, from North America to the European Union and the United Kingdom, with the assistance of our international expert network of IP lawyers. We deliver world-class advice, strategies and representation to protect your valuable ideas and inventions, as well as your brand, to secure your business position into the future.
Our Trade Mark Services & Expertise
Trade marks confer an enormous range of material benefits on owners. It is well known that a registered trademark gives the owner the sole right to use the trademark in relation to the goods or service it relates to. However, the advantages go well beyond this. A registered trademark is an asset, which means that you are able to sell or licence it for considerable commercial benefit. With a registered trademark, you can also pursue infringing third parties in Court without needing to prove business reputation or that there has been misrepresentation or deception, making it a valuable strategy for more easily enforcing your rights.
Protect, grow and monetise
Trademark to help secure
your brand’s future.
Safeguard your unique design.