How to lodge an Australian trade mark application
Australian trade mark applications are lodged with IP Australia under the Trade Marks Act 1995. The application is made online through the IP Australia portal, identifies the mark and the goods/services, and is examined for registrability. The process typically takes 7-12 months from filing to registration.
The framework
Australian trade mark law is governed by the Trade Marks Act 1995 (Cth) and the Trade Marks Regulations 1995 (Cth). IP Australia administers the trade marks register.
The process
Search the existing register
Search the IP Australia trade marks database to check whether the mark is already registered or applied for in the relevant classes.
Identify the relevant classes
Trade marks are registered for specific classes of goods/services under the Nice Classification (45 classes).
Assess registrability
Check the mark is distinctive (capable of distinguishing the applicant's goods/services) and not too descriptive or similar to existing marks.
Decide on the type of application
Standard application or TM Headstart (pre-application assessment). TM Headstart is faster but more expensive.
Prepare the specification
Draft the specification of goods and services covered by the application. The specification is critical and is often the area where examiners raise objections.
Lodge the application
Lodge the application via the IP Australia online portal. Pay the application fee per class.
Wait for examination
IP Australia examines the application — typically 3-4 months from filing. The examiner may issue an adverse report raising objections.
Respond to any adverse report
If an adverse report is issued, respond within the 15-month examination period. Respond with arguments, amendments, or evidence.
Wait for advertisement
Once examination is complete, the application is advertised in the Australian Official Journal of Trade Marks. Third parties have 2 months to oppose.
Pay the registration fee
After the opposition period closes (or any opposition is resolved), pay the registration fee. The trade mark is registered and a certificate issued.
Common mistakes
- Filing in the wrong class or insufficient classes
- Specification too broad or too narrow
- Failing to search existing marks before filing
- Missing the 15-month examination response deadline
- Not responding adequately to adverse reports
Get this process right with Quillio
Quillio supports trade mark practice by drafting specifications, responding to adverse reports, and surfacing relevant Federal Court trade mark authority. See /practice-areas/commercial-lawyers or start a free trial.
This guide is general information about Australian trade mark applications. Trade mark law is technical — consider obtaining specialist IP advice for important applications.
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