How do I register a trade mark?

Where do I register my trade mark?

To apply for the registration of a trade mark, you must submit an application with IP Australia.

You can apply by choosing a Pre-application service (TM Headstart) or a standard application on IP Australia's website. You can also engage a trade mark attorney to file the application on your behalf.

What happens after I file my application?

After the application is filed, the application is examined.

The trade mark examiner considers whether there is compliance with all the requirements of the Trade Marks Act 1995 (Cwlth).

After that examination process, in Australia, the application is accepted and is published in the 'Australian Official Journal of Trade Marks'.

Other parties have 3 months to seek to oppose or challenge the registration of your trade mark.

After a successful examination, if there is no opposition or challenge, your trade mark is registered. Or, if there has been opposition, after the trade mark examiner's decision is affirmed, your trade mark is registered.