How to register a trade mark in Australia

Registering a trade mark in Australia means filing an application with IP Australia to get exclusive legal rights over your brand name, logo, or both. Once registered, you can stop competitors from using an identical or confusingly similar mark for the same or similar goods and services. It's the strongest form of brand protection available in Australia, and the process is more straightforward than most people expect.

This guide is the starting point. It covers everything at a high level — what a trade mark is, why registration matters, how the process works, what it costs, and the key decisions you'll need to make along the way. Each section links to a more detailed article if you want to go deeper.

Ready to file? You can file your Australian trade mark online with our fixed-fee service, or keep reading to learn more.

What this guide covers

• What is a trade mark?
• Why register a trade mark?
• The registration process at a glance
• Choosing a strong trade mark
• Word mark vs logo mark
• Choosing your goods and services
• How much does it cost?
• DIY vs lawyer vs filing service
• What happens after you file?
• How long does registration last?
• FAQs
• Related guides

What is a trade mark?

A trade mark is a sign used to distinguish your goods or services from those of other businesses. It can be a word, a logo, a phrase, a combination of these, or even a sound, shape, or colour in some cases.

In Australia, trade marks are governed by the Trade Marks Act 1995 and administered by IP Australia, the government agency responsible for intellectual property rights.

A registered trade mark gives you a legally enforceable right. An unregistered mark may have some protection under common law (through the tort of passing off or the Australian Consumer Law), but proving your rights is harder and more expensive without registration.

Importantly, a trade mark is not the same as a business name. Registering a business name with ASIC does not give you trade mark rights. Someone else could register a trade mark that is identical to your business name and prevent you from using it.

Why register a trade mark?

Registration gives you the exclusive right to use the mark in Australia for the goods and services covered by your registration. For a full rundown, see our article on the benefits of trade mark registration. In short, it allows you to:

• Stop competitors from using an identical or confusingly similar mark for similar goods or services
• Take legal action against infringers, with the benefit of a presumption of validity
• License or franchise your brand with clear legal rights
• Build a valuable asset — registered trade marks can be sold, licensed, or used as security

Without registration, enforcing your rights typically requires you to prove your reputation in the mark, which is costly and uncertain. Registration shifts that burden — your rights are presumed valid from the date you apply.

Not sure whether registration is the right move for your business? Our guide on whether you should register a trade mark covers when it makes sense and when it doesn't.

The registration process at a glance

The Australian trade mark registration process has several stages, from preparation through to registration. Here's a summary:

Stage	What happens	Typical timeframe
1. Preparation	Choose your mark, select goods and services, conduct searches	Before filing
2. Filing	Submit your application and pay fees via IP Australia or a filing service	Day 1
3. Examination	An IP Australia examiner assesses your application	3–4 months after filing
4. Acceptance	If no issues, your mark is accepted and advertised	After examination
5. Opposition period	Third parties have 2 months to oppose your registration	2 months after acceptance
6. Registration	If no opposition, your mark is registered	7–8 months total

If the examiner raises issues with your application, you'll receive an examination report and have 15 months to resolve the objections.

For a detailed walkthrough of each stage, see our guide on the Australian trade mark registration process.

Choosing a strong trade mark

Not all trade marks are created equal. The strength of your mark affects both your ability to register it and how well it protects you once registered.

The strongest marks are invented words (like "Kodak") or words with no connection to the goods or services (like "Apple" for computers). The weakest are descriptive terms that simply tell customers what you sell — for example, "Fresh Milk" for a dairy brand.

IP Australia will refuse to register a mark that is not capable of distinguishing your goods or services. Descriptive, generic, and laudatory terms (like "Best" or "Premium") are difficult or impossible to register.

Before you commit to a brand name, it's worth understanding what makes a mark strong and registrable. Our guide on how to choose a good trade mark covers this in detail.

You should also search the Australian Trade Mark Register before filing to check for conflicting marks.

Word mark vs logo mark

When you file a trade mark application, you need to decide whether to register a word mark, a logo mark, or both.

• A word mark protects the words themselves, regardless of font, colour, or stylisation. If you register "MARKSTER" as a word mark, you're protected no matter how you write it.
• A logo mark protects a specific graphic design — including the layout, colours, fonts, and imagery.

If budget allows, registering both gives you the broadest protection. But if you need to choose one, a word mark is usually the better starting point because it covers any visual representation of your name.

One thing to keep in mind: if you change your logo significantly in the future, a logo mark registration may no longer protect your updated branding. A word mark avoids that problem.

For a full comparison, see our articles on word mark vs logo mark and whether to register your logo, name, or both.

Choosing your goods and services

Trade marks are registered against specific goods and services, organised into 45 classes under the Nice Classification system. You need to select the classes and terms that match what your business actually does (or will do in the near future).

Getting this right matters because:

• You can't add goods or services after filing — if you miss something, you'll need to file a new application
• Too broad and you may face objections or opposition from other trade mark owners
• Too narrow and your registration won't cover everything your business does

Most small businesses need one or two classes. A cafe might need Class 43 (food and drink services). A clothing brand might need Class 25 (clothing) and possibly Class 35 (retail services).

IP Australia's pick list is the easiest way to choose your terms, and using it also reduces your filing fee. If you need customised descriptions, you can enter them manually, but this costs more per class.

Our guide on how to choose the right goods and services walks through this in detail.

How much does it cost?

The cost depends on how you file and how many classes you need. Here's a quick overview:

Filing method	Cost per class
IP Australia direct (standard, pick list)	$250
IP Australia direct (standard, manual description)	$400
TM Headstart (Part 1 + Part 2)	$330
Filing service (e.g. Markster)	Service fee + government fees

Most single-class applications cost between $250 (DIY) and around $600 (with a filing service, including government fees).

The cheapest option isn't always the best. Mistakes in your application — wrong classes, poorly drafted descriptions, or missing a conflicting mark — can lead to examination reports, failed applications, or registrations that don't actually protect your business.

For a full breakdown of costs including worked examples, see our detailed guide on how much it costs to register a trade mark in Australia.

DIY vs lawyer vs filing service

You have three main options for filing:

1. File directly with IP Australia (DIY)

You create an account on IP Australia's eServices portal and file the application yourself. You only pay government fees. This works well if you understand the system and your application is straightforward.

2. Use a trade mark lawyer or attorney

A lawyer provides legal advice, conducts searches, drafts your application, and handles any issues that arise. This is the most comprehensive (and usually most expensive) option, and makes sense for complex or commercially important marks.

3. Use an online filing service

Filing services like Markster sit between DIY and a full-service lawyer. You get guided filing, goods and services drafting, and professional review at a fixed fee, without the cost of a full legal engagement.

The right choice depends on your budget, how confident you are with the system, and how important the brand is to your business. Our article on whether to use a trade mark lawyer covers the pros and cons in detail.

For a side-by-side comparison, see our guide to DIY vs online filing service vs lawyer-led help.

What happens after you file?

Once your application is filed, it enters a queue for examination. Here's what to expect:

1. Examination (3–4 months): An IP Australia examiner reviews your application against the requirements of the Trade Marks Act. They check for conflicts with existing marks, whether your mark is distinctive enough, and whether there are any formality issues.

2. Examination report (if applicable): If the examiner finds issues, you'll receive an examination report. You have 15 months to address the objections. Common issues include similarity to existing marks and descriptiveness.

3. Acceptance and advertisement: If your application passes examination (or you resolve any objections), it's accepted and published in the Australian Official Journal of Trade Marks.

4. Opposition period (2 months): Third parties can oppose your registration during this window. If no one opposes, your mark proceeds to registration.

5. Registration: Your trade mark is registered and your rights are backdated to the filing date.

For a complete walkthrough, see our guide on the Australian trade mark registration process.

How long does registration last?

An Australian trade mark registration lasts for 10 years from the filing date. You can renew it for further 10-year periods indefinitely, as long as you pay the renewal fee.

If you don't renew, your registration will lapse and you'll lose the protection it provides.

For more on renewal and what happens over the life of a registration, see our article on how long a trade mark registration lasts.

Frequently asked questions

How long does it take to register a trade mark in Australia?

The process typically takes 7 to 8 months from filing to registration, assuming no issues arise. If you receive an examination report or face opposition, it can take longer. See our registration process guide for a detailed timeline.

How much does it cost to register a trade mark?

Government fees start from $250 per class for a standard application filed using IP Australia's pick list. If you use a filing service, total costs start from around $600 for a single-class application including government fees. See our full cost breakdown for worked examples.

Do I need a lawyer to file a trade mark?

No — you can file directly with IP Australia without a lawyer. However, professional help can reduce the risk of costly mistakes. A lawyer or filing service can help you choose the right classes, draft your goods and services, conduct searches, and handle examination reports. Our article on whether you need a trade mark lawyer covers this in detail.

What's the difference between a trade mark and a business name?

A business name registration with ASIC simply lets you trade under that name. It does not give you any exclusive rights or prevent someone else from registering an identical trade mark. A trade mark, on the other hand, gives you the legal right to stop others from using an identical or similar mark for similar goods or services. They are separate registrations with different purposes.

Can I register a trade mark myself?

Yes. IP Australia's eServices portal is designed for self-filers. If your mark is distinctive, you've done your searches, and your goods and services are straightforward, filing yourself is a viable option. Where it gets more complex — unusual marks, potential conflicts, or multiple classes — professional help is worth considering.

Related guides

• How much does it cost to register a trade mark in Australia?
• The Australian trade mark registration process
• How to choose a good trade mark
• How to choose goods and services for your application
• Should a trade mark lawyer file my application?
• Word mark vs logo mark
• Should I register my logo, name, or both?
• DIY vs online filing service vs lawyer-led help
• Should you register a trade mark?
• The benefits of trade mark registration
• What is a trade mark examination report?
• How long does a trade mark registration last?
• I changed my logo — does my trade mark still protect it?

Register your trade mark

File online now — start your Australian trade mark application with our guided process and fixed fees.

Want advice first? — contact us and we'll help you work out the best approach.

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Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.