The trade mark registration process in Australia: steps and timeline

Registering a trade mark in Australia typically takes 7 to 8 months from filing to registration, assuming no objections or oppositions are raised. The process moves through six key stages: filing, examination, acceptance, advertisement, opposition and registration.

Below is a summary of each stage, followed by a detailed explanation of what happens, how long it takes and what you need to do.

For a broader overview of trade mark registration in Australia, including pre-filing steps like choosing a mark and conducting searches, see our complete guide to registering a trade mark in Australia.

Timeline at a glance

Stage	What happens	Typical timeframe
1. Filing	You submit your application and pay the filing fees	Day 1
2. Examination	IP Australia reviews your application for compliance	3-4 months after filing
3. Acceptance	Your application is accepted and you receive a notice	Shortly after examination
4. Advertisement	Your mark is published in the Australian Official Journal of Trade Marks	Immediately after acceptance
5. Opposition period	Third parties have the opportunity to oppose your mark	2 months from advertisement
6. Registration	Your trade mark is officially registered	7-8 months from filing

1. Filing your trade mark application

The registration process begins when you file your application with IP Australia. Your application must include:

• Your trade mark — the word, logo or combination you want to protect
• The goods and services — organised by class under the Nice Classification system
• Applicant details — the person or entity that will own the trade mark
• Payment of filing fees — fees vary depending on the number of classes

Once your application is filed, IP Australia assigns it an application number. Your trade mark rights, once registered, will be backdated to this filing date.

It is important that your application is accurate and complete before you submit it. You cannot broaden the goods and services description after filing without submitting a new application.

For a breakdown of the fees involved, see our guide on how much it costs to register a trade mark.

2. Examination

Your application will be examined by a trade mark examiner approximately 3 to 4 months after filing. During examination, the examiner assesses whether your application meets the requirements of the Trade Marks Act 1995 (Cth).

The examiner will check, among other things, that:

• There are no formality issues — for example, that the applicant is a legal entity (a person or company, not a business name)
• Your trade mark is not identical or deceptively similar to a prior trade mark application or registration covering the same or similar goods or services
• Your trade mark is not generic or descriptive of the goods or services claimed

If your application passes examination

If the examiner finds no issues, your application moves to the next stage — acceptance.

If the examiner raises objections

If the examiner identifies issues, they will issue an adverse examination report setting out the objections. You then have 15 months from the date of the report to overcome those objections, or your application will lapse.

Common objections include similarity to an existing mark, descriptiveness and lack of distinctiveness. To understand what an examination report involves, see our guide on what is a trade mark examination report. If you have received one, we also cover how to overcome a trade mark examination report.

3. Acceptance

If your application passes examination (or you successfully overcome any objections), IP Australia will issue a notice of acceptance. This confirms that your trade mark has been accepted for registration, subject to the opposition period.

No action is required from you at this stage. The process moves automatically to advertisement.

4. Advertisement

Immediately after acceptance, your trade mark is published in the Australian Official Journal of Trade Marks. This is a publicly available publication that gives notice to third parties that your mark has been accepted.

The advertisement triggers the start of the opposition period.

5. Opposition period

Once your trade mark is advertised, a two-month opposition period begins. During this window, any third party who believes they would be affected by the registration of your trade mark can file an opposition.

What happens if someone opposes your application?

To oppose your trade mark, a third party must:

1. File a notice of intention to oppose with IP Australia
2. Set out their grounds for opposition

You will be notified and given an opportunity to respond. Opposition proceedings can add significant time and cost to the registration process. If the opposition is unsuccessful (or withdrawn), your application proceeds to registration.

What if no one opposes?

If no opposition is filed during the two-month period, your application moves to registration. This is the outcome in most cases.

6. Registration

Once the opposition period closes without opposition (or any opposition is resolved in your favour), your trade mark is officially registered.

Upon registration:

• You receive a certificate of registration
• You gain the exclusive right to use the trade mark in Australia in connection with the goods and services covered by the registration
• You can use the ® symbol next to your mark
• You can take legal action against anyone who uses an identical or deceptively similar mark for similar goods or services
• Your rights are backdated to the filing date of your application

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, provided you pay the renewal fees before (or shortly after) the expiry date.

For more detail on renewals and maintaining your registration, see our guide on how long a trade mark registration lasts.

Frequently asked questions

How long does trade mark registration take in Australia?

The standard timeline is 7 to 8 months from filing to registration. This includes approximately 3 to 4 months for examination and a 2-month opposition period. If objections are raised during examination or an opposition is filed, the process can take considerably longer.

What happens after I file my trade mark application?

After filing, your application enters a queue for examination. You will typically wait 3 to 4 months before an examiner reviews it. During this time, no action is required from you.

What is the opposition period?

The opposition period is a two-month window after your trade mark is accepted and advertised. It gives third parties the chance to formally object to the registration of your mark. If no opposition is filed, your mark proceeds to registration.

When does my trade mark officially register?

Your trade mark officially registers after the opposition period closes without any opposition being filed (or after any opposition is resolved in your favour). Although registration happens at that point, your rights are backdated to the date you filed the application.

Can I speed up the process?

IP Australia offers an expedited examination process in certain circumstances, such as when you need the trade mark registered urgently for legal proceedings or to meet a commercial deadline. Expedited examination involves an additional fee.

Ready to register your trade mark?

You can file your Australian trade mark application online with our fixed-fee service, or contact us if you have questions about the process.

For a complete overview of trade mark registration in Australia, see our trade mark registration guide.

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The information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to your specific circumstances.