Trademark FAQ — 50+ Common Questions Answered

Trademark Basics

What is a trademark? A trademark is a sign that distinguishes your goods or services from those of other businesses. It can be a word, phrase, logo, sound, shape, colour, or any combination of these.

What's the difference between ™ and ®? ™ can be used by anyone to indicate a trademark claim and does not require registration. ® can only be used once your trademark is officially registered with IP Australia. Using ® without a registration is unlawful.

Do I need a trademark if I have a registered business name? Yes. Registering a business name through ASIC does not give you exclusive rights to use that name as a brand. Only a registered trademark provides that legal protection.

What can be registered as a trademark? Words, logos, phrases, letters, numbers, sounds, smells, shapes, colours, aspects of packaging, or any combination of these - as long as the mark is distinctive enough to identify your business.

What can't be registered? Generic or descriptive terms, offensive material, national flags, and marks that are too similar to existing registrations are generally not registrable.

Registration Process

How do I register a trademark in Australia?

The process involves six key steps:

1. Search for existing trademarks to check availability
2. Choose your mark type and the classes that cover your goods or services
3. File your application with Signify IP
4. Wait for examination by IP Australia, which typically takes 4 to 5 months
5. Your mark is published for a 2 month opposition period, during which third parties can object
6. If no opposition is filed, your trademark is registered

How long does registration take? Typically 7 to 8 months if there are no issues. Complex cases can take 12 to 18 months or longer.

What is TM Headstart? A pre-filing service offered by IP Australia that gives you informal feedback from an examiner before you commit to a full application. It costs a little more upfront but can provide valuable early insight into potential issues with your application.

What happens if my application is rejected? You will receive an adverse examination report explaining the issues. You have 15 months to respond, so there is no need to panic. A trademark attorney can help you understand the report and put together the best possible response.

Can I file a trademark myself? Yes, but professional assistance significantly reduces the risk of rejection and ensures your mark is properly protected. Given that filing fees are non-refundable, it is worth getting it right the first time.

Costs

How much does it cost to register a trademark? The minimum IP Australia government fee is $250 per class. With professional attorney fees, total costs typically start from $950, depending on how many classes you need.

Are filing fees refundable if my application is rejected? No. IP Australia filing fees are non-refundable, regardless of the outcome.

How much does a trademark attorney cost? Fees vary widely depending on the attorney and the complexity of your application. At Signify IP, we offer fixed-fee services so you always know exactly what you'll pay upfront -no surprises.

How much does trademark renewal cost? Trademarks are renewed every 10 years. The IP Australia renewal fee is $400 per class.

Classes

What is a trademark class? Trademarks are registered across 45 categories -known as classes - under an international system called the Nice Classification. There are 34 classes for goods and 11 for services. You register in the class or classes that cover what your business sells or offers.

How do I know which class to choose? Start by thinking about what you sell or the services you provide. A trademark attorney can help make sure you select the right classes for complete protection - it's one of the most important decisions in the registration process.

Can I register in multiple classes? Yes. Each additional class costs an extra $250 in government fees.

What happens if I choose the wrong class? Your trademark may not cover what you actually sell, leaving you exposed if a competitor uses a similar name in the correct class.

Protection & Enforcement

How long does a trademark last? A registered trademark lasts 10 years from the filing date and can be renewed indefinitely in 10 year periods.

What should I do if someone is using my trademark? If someone is using your trademark without permission, you should act quickly. Common options include sending a cease and desist letter or pursuing legal action through the courts. A trademark attorney can assess the situation and recommend the right course of action.

Can I use my Australian trademark overseas? No. Trademark rights are territorial, meaning your Australian registration only protects you in Australia. You will need to register separately in each country where you want protection, or use the Madrid Protocol to apply across multiple countries at once.

What is the Madrid Protocol? An international treaty that lets you apply for trademark protection in more than 130 countries through a single application filed via IP Australia. It is a cost effective way to secure international protection without filing separately in each country.

Common Scenarios

Can two businesses have the same name? Possibly. Businesses can coexist with similar names if they operate in different industries or different geographic areas. However, a registered trademark gives you stronger and clearer rights if a dispute arises.

Someone is selling products with my brand name. What do I do? If your trademark is registered, you have strong enforcement options. If it is not registered, your options are more limited but may still exist. Either way, contact a trademark attorney as soon as possible.

I received a cease and desist letter. What should I do? Do not ignore it. Seek legal advice immediately to understand your rights and options before responding. How you respond can significantly affect the outcome.

Can I trademark a business name that's already in use? Possibly, depending on the circumstances. A thorough search and professional advice are essential before you apply.

Is my logo automatically copyrighted? Yes. Copyright exists automatically in original artistic works, including logos. However, copyright and trademark protection serve different purposes. A trademark protects your logo as a brand identifier and gives you exclusive commercial rights to use it.

One important point: copyright belongs to the person who created the work. If a designer or agency created your logo, they may own the copyright unless you have a written agreement transferring it to you. This is called a deed of assignment. If you do not have one, we recommend getting this sorted as soon as possible.

Signify IP

Where is Signify IP located? Our office is at 213 Greenhill Road, Eastwood SA 5063 in Adelaide, South Australia. We work with clients across Australia.

Do you offer free consultations? Yes. Book a free initial consultation to discuss your trademark needs and find out how we can help.

What are your fees? We offer fixed fee services with no hidden costs. Contact us for a quote tailored to your situation.