How Long Does Trademark Registration Take in Australia?
By Hollie Ford · 2026-03-05
Trademark registration in Australia typically takes 7 to 8 months from filing to registration — but there are ways to get an early assessment in as little as 5 business days. Here's what to expect at each stage.
The Trademark Registration Timeline
Stage 1: Filing (Day 1)
Your application is filed with IP Australia. From this date, you have "pending" status and priority over any later applications for the same or similar mark.
Timeline: Immediate
Stage 2: Examination (~4 months after filing)
An examiner at IP Australia reviews your application. They check whether your mark meets the legal requirements and whether it conflicts with existing marks.
Possible outcomes:
- Accepted — Your mark passes examination and moves to the next stage
- Adverse report — The examiner raises objections that need to be addressed
Timeline: Typically 3-5 months after filing
Stage 3: Publication & Opposition Period (~2 months)
Once accepted, your mark is published online. This gives third parties the opportunity to oppose your registration.
Timeline: 2 months from publication
Stage 4: Registration
If no oppositions are filed (or if oppositions are resolved in your favour), your trademark is officially registered.
Timeline: Approximately 7-8 months from filing
The Headstart Option
Don't want to wait 4 months to find out if your mark will be accepted? The Headstart application gives you an early assessment within approximately 5 business days.
How it works:
- You file a Headstart application (slightly higher fee)
- IP Australia provides a preliminary assessment within ~5 days
- If the outlook is positive, you proceed to formal filing
- If issues are identified, you can modify your mark or strategy before committing fully
This gives you certainty much earlier in the process.
What Can Delay Registration?
| Issue | Typical Delay |
|---|---|
| Examiner objections | 1-6 months depending on complexity |
| Third-party opposition | 6-18 months |
| Requests for further evidence | 1-3 months |
| Extension of time requests | Variable |
Tips to Speed Up the Process
- Use a trademark attorney — properly prepared applications are less likely to face objections
- Choose a distinctive mark — generic or descriptive names are more likely to be rejected
- Do a search first — identifying conflicts before filing avoids delays from examiner objections
- Use the Headstart option — get early certainty about your mark's prospects
- Respond promptly — if the examiner raises issues, respond within the deadline
Can I Use My Trademark Before It's Registered?
Yes. You can start using your trademark as soon as you file your application. Many businesses use the TM symbol (which doesn't require registration) while their application is pending.
Once registered, you can use the (R) symbol to indicate your mark is a registered trademark.
Need Help Getting Started?
The registration process is straightforward when you have the right support. We handle everything from filing to registration, keeping you informed at every stage.
Get a free trademark search to see if your brand name is available.
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