FAQs

A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. Section 6 of Australia’s Trade Marks Act defines a “sign” to include any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent, or any combination of these.

A trade mark registration lasts for 10 years from its filing date. You can renew it indefinitely (for additional 10 year periods) by paying renewal fees.

Any person or legal entity, including individuals, companies, and incorporated associations, can apply for a trade mark. You don’t need to be an Australian resident or company, but you will need an Australian address for service, which Trade Marks Office will provide if you apply through us.

Trade Marks Office costs range from $250 to $600 plus government application fee (and any additional search fees you decide to order that range from $300 to $500), depending on what package you get. Our 3 packages come in three tiers, each with its own price

DIY/SELF-SERVICE basic trade mark search and filing support is AUD$250 + official fees

• Independent Australian Trade Marks Registry Database Search: Access to a comprehensive trade mark search tool to find any similar trade marks that are registered or pending with IP Australia
• Custom Classification Guide: AI support to identify correct trade mark classes (the category your goods and/or services fall in)  and product/service descriptions using IP Australia guidelines
• Official fees are $250 for first class and for each further class (pick list)
• Electronic Filing Support: Step-by-step guidance through the application process

PROFESSIONAL LOOK OVER YOUR SHOULDER

Full legal guidance and protection $400 + official fees

All DIY features, plus:

• Initial Trade Marks Attorney Strategy Call: Personalised 15-minute consultation with a Registered Trade Marks Attorney
• Address for Service: Enhanced privacy safeguards and Australian address for service for your IP Australia filing
• Legal response to infringers: Professional cease and desist letters for infringement of your trade mark
• Add AUD$300 if you decide to also obtain a Federal and Common Law Search, which in addition to the trade marks register also searches ASIC records for company and business names, corporate directories, internet and relevant .com.au and .au domain name registries to see if anyone else is using your name online

COMPREHENSIVE/DONE FOR YOU Complete trade mark management solution $600 + official fees

All Professional features, plus:

• Extended Legal Consultation: In-depth 60-minute planning session with a Registered Trade Marks Attorney
• Priority Processing: Expedited 24-hour application preparation
• Brand Protection Service: Automated trade mark monitoring system (trial period included)
• Add AUD$300 if you decide to also obtain a Federal and Common Law Search or $500 for a Global Search (a Federal and Common Law Search with European Community and World Intellectual Property Organization (WIPO) pending and registered trade marks included.

Additional fees apply for expedited examination or international applications.

The standard process typically takes 7-8 months if there are no objections. This includes examination (which usually begins 3-4 months after filing) and a 2-month opposition period. Expedited examination is available for an additional fee of AUD$300

No, you’re not legally required to use a registered trade marks attorney or a lawyer. However, proper professional advice is recommended as the process can be complex and mistakes can be costly or fatal to your application. Our service is supported by experienced legal practitioner and registered trade marks attorney advice.

Yes, you can use your trade mark before or during the registration process. However, using an unregistered mark provides fewer legal protections than a registered trade mark, and in the event your trade mark application does not achieve registration, the cost of rebranding may be significant.

If someone opposes your application during the 2-month opposition period, you’ll need to defend your application through evidence and legal arguments at the IP Australia hearing office. This can significantly extend the registration timeline.

Registering a business name or company name with ASIC doesn’t automatically give you trade mark rights. You need to separately apply for trade mark registration to have registered ownership rights in the name. Not all business names will qualify for trade mark protection.

You generally cannot register marks that are descriptive of your goods/services, common surnames, geographical names, prohibited signs, or marks that are substantially identical or deceptively similar to existing trade marks. Marks that could mislead the public or are scandalous are also refused.

Registration gives you the exclusive right to use, license, and sell the trade mark for the goods and services it covers throughout Australia. It also gives you the right to take legal action against others who use your mark without permission.

Yes, you can file international applications through the Madrid Protocol system using your Australian application or registration as a base. This allows you to seek protection in multiple countries through a single application. We will be happy to assist, if required.

If you discover unauthorised use of your registered trade mark, you can take legal action for trade mark infringement. This might include sending cease and desist letters, seeking injunctions, or claiming damages or an ‘account of profits’ through court proceedings.

You need to actively use your trade mark in Australia for the goods and services it covers and renew it every 10 years. Non-use for three continuous years can make your mark vulnerable to removal from the register.

The renewal fee must be paid at the end of the 10 year period if you want to renew the registration for another 10 years.

No, it is not. Trade Marks Office is an online trade marks practice powered by Nicholas Weston Lawyers & Trade Marks Attorneys which began in 2005 in Melbourne, Australia, where we remain headquartered today.