- What can you register as a trade mark in Australia?
- What you cannot register, and why applications get refused
- How to trade mark a business name, step by step
- Business name, company name, domain name and trade mark
- How to check a name before you file
- TM Headstart or a standard application?
- How to choose the right classes
- What it costs
- How long registration takes, stage by stage
- What happens after you file: examination
- What happens if you get an adverse report
- What happens if someone opposes your application
- Word mark, logo mark, slogan or shape: which to file
- How to type the TM and registered symbols
- How long a trade mark lasts, and how to renew it
- Registering overseas from Australia
- Can you register a trade mark yourself?
- Common mistakes that cost money
- What to have ready before you file
- Why use a Registered Trade Marks Attorney
- How Signify IP handles an application
- Key takeaways
- Frequently asked questions
- Next step
To trade mark a name in Australia, the name is searched, matched to the goods and services it should cover, and filed with IP Australia. The application is then examined, advertised so others can oppose it, and registered. Allow at least seven months from filing.
Most of the outcome is decided before the application is filed. The owner, the name and the goods and services are set on filing day, and mistakes in any of them can be costly. This guide explains how the process works and how we handle each stage for you.
The best first step is our free preliminary trade mark check.
1. What can you register as a trade mark in Australia?
You can register anything that tells customers your goods or services come from you and not another business. Most often that is a name, a logo or a slogan. It can also be a shape, a sound, a colour, a scent, a movement or an aspect of packaging.
A word mark protects the name or phrase itself. You can change the font, colour and layout without losing protection, which is why we usually recommend filing the name first.
A logo mark protects the design as filed. If you redesign the logo later, you may need a new application.
A slogan can be registered if customers see it as your brand. A phrase that only describes or promotes the product is likely to draw an objection.
Shapes, sounds, colours and scents can be registered, but they are harder. You usually need to show that customers already recognise the feature as yours.
We start with what customers use to ask for you. For most businesses, that is the name.
2. What you cannot register, and why applications get refused
Most refusals we see come down to two things. The name is too descriptive, or it is too close to an earlier trade mark.
Descriptive names. A name that describes the goods or services is hard to register, because other traders need those words too. A bakery cannot claim "fresh bread". Adding ".com.au" or a hashtag does not fix the problem.
Surnames and place names. A common surname, or a place name that tells customers where the goods come from, can draw an objection. Neither is banned outright. It depends on the name, the market and the goods or services.
Earlier trade marks. A name can be refused if it is the same as, or too similar to, an earlier registered or pending trade mark for similar goods or services. The test looks at the overall impression a customer would remember, so changing the spelling rarely helps if the name still sounds or looks the same.
Restricted words and signs. Some words and emblems are protected by legislation. "Bank" is one example.
A refusal can rarely be fixed by changing the name after filing, because what can be amended is limited. This is why we check the likely objections before you commit to packaging and signage. Our professional trade mark search is designed for names where changing later would be expensive.
3. How to trade mark a business name, step by step
There are ten steps from choosing a name to holding a registration. Here is what happens at each one, and what we do.
1. Settle the exact name
You decide the spelling, spacing and wording. We advise whether the value sits in the name, the logo, a slogan or a mix, and which to file first.
2. Confirm the correct owner
The owner must be a person or a legal entity, such as a company. A business name cannot own a trade mark, and if a trust runs the business, the trustee is the applicant. We confirm the right owner with you before anything is filed. The applicant can be changed later, but that does not solve the problem. If the trade mark is not filed in the name of the rightful owner from the outset, the application or registration can be challenged.
3. Search the name
We search the Australian register for identical and similar names, including spelling variants, sound-alikes, pending applications and related classes. You can start with our free preliminary trade mark check, or go straight to a professional trade mark search for a name you are about to invest in.
4. Define what the name will cover
You tell us what you sell now and what you plan to launch. We turn that into a list of goods and services and match it to the right classes.
5. Choose the filing route
We recommend TM Headstart or a standard application, depending on how settled the name is and how urgent the filing date is. Section 6 explains the difference.
6. File the application
We prepare and file the application and send you the filing details. Government fees are charged per class and are generally not refunded, so everything is checked with you before filing.
7. Examination
An examiner checks the application against the law and against earlier trade marks. The first report usually arrives 3 to 4 months after filing. We receive it and report to you.
8. Deal with any adverse report
If the examiner raises an objection, we explain it in plain English, set out your options and costs, and prepare the response you choose. See our examination report response service.
9. The opposition period
Once accepted, the name is advertised for two months so other people can oppose it. We monitor this and tell you if anything is filed.
10. Registration
If nobody opposes, or you win the opposition, the name is registered. We send you the certificate and record the renewal date. Your rights date back to the filing date, but you cannot enforce them until the trade mark is registered.
After that, our portfolio management service can look after renewals and ownership updates as you grow.
4. Business name, company name, domain name and trade mark
These are four different registrations, and having one does not give you the rights of another. We speak to business owners every week who assumed their ASIC business name protected their brand. It does not. ASIC explains the difference on its website.
| Registration | What it does | What it does not do |
|---|---|---|
| ASIC business name | Meets the legal requirement to register the name you trade under | Give you ownership of the name or stop others using it |
| Company name | Identifies your company as a legal entity | Give you exclusive rights to the name as a brand |
| Domain name | Lets you use that web address while it stays registered | Stop someone using the same or a similar brand elsewhere |
| Registered trade mark | Gives you legal rights in Australia for the goods and services listed | Cover you overseas, or for goods and services you did not list |
Each system has its own availability check. ASIC may accept a business name that conflicts with someone's registered trade mark. A domain registrar will sell you a web address that puts you at risk of infringing.
Our article on trade marks compared with business names goes into more detail.
5. How to check a name before you file
Start with our free preliminary trade mark check. Send us the name and what you sell, and we will search the Australian register and tell you about any obvious problems.
Searching the exact spelling is not enough. A useful search covers:
- the full name and its main word
- words that sound the same
- common misspellings and plurals
- joined and separated versions
- shortened forms and initials
- similar logos
- earlier trade marks for related goods and services.
Each close result then needs to be read in full. The class number is only a guide. What matters is the wording of the goods and services.
A clear result on a basic search does not mean the name can be registered. It will not tell you if the name is too descriptive, and it will not find a business with an unregistered name and a strong reputation. Automated name checkers have the same limits.
Our free check suits an early idea. For a name tied to stock, signage, investors or a national launch, we recommend a professional trade mark search, which covers these risks in detail and gives you our opinion on whether to proceed.
6. TM Headstart or a standard application?
There are two ways to file. We recommend one based on your name and timing.
| TM Headstart | Standard application | |
|---|---|---|
| What it is | A pre-application request | A formal application |
| Examiner feedback | Before the application is formal | After filing |
| Changes | Some changes allowed during the Headstart process | Very limited after filing |
| Filing date | Set when the request is converted to a formal application | Set on the day of filing |
| Government fees | Paid in stages, from $330 per class | From $250 per class |
With TM Headstart, an examiner reports back within five business days. There are then five business days to make changes, and five business days to convert the request into a formal application. A missed deadline means the request lapses, so we manage those dates for you.
TM Headstart has limits. The examiner will not say whether using the name would infringe someone else's trade mark, and a positive assessment is not a guarantee. It is also only available for words, stylised words and logos.
Where we have already searched and cleared a name, a standard application is usually quicker and cheaper. Where there is a known issue that an examiner's early view would help with, we suggest TM Headstart.
7. How to choose the right classes
Classes set the scope of your registration. They affect the cost, which earlier trade marks the examiner looks at, and what you can enforce later. Australia uses 45 classes: 1 to 34 for goods and 35 to 45 for services.
We choose classes from what your business does, not what industry it is in. A clothing brand may sell clothing, run a retail store and operate an online marketplace, and those can sit in three different classes. A software business may need to cover downloadable software, hosted software and technology services separately.
We see three class mistakes most often:
- The wrong class. The registration misses the product customers buy.
- Too few classes. A second application is needed later, with a later filing date.
- Too many classes. You pay more, and classes you never use can be challenged for non-use.
Earlier trade marks in a different class can still block you if the goods or services are related, so we read the descriptions and not only the class numbers.
All we need from you is a plain description of what you sell now and what you plan to launch. Our trade mark classes guide gives common examples.
8. What it costs
There are two costs: government fees, which are charged per class, and our professional fee.
| Government fee | Amount |
|---|---|
| Standard application using pre-approved descriptions | $250 per class |
| Standard application with custom descriptions | $400 per class |
| TM Headstart request | $200 per class |
| TM Headstart conversion to a formal application | $130 per class |
| TM Headstart optional changes | $150 per class to change the trade mark, $200 for each added class |
| Renewal | $400 per class online |
Government fees change from time to time. We confirm the current fees in your quote.
Our professional fees are fixed and quoted before any work starts. We confirm the quote once we know the name, the owner, the classes and the filing route. Our trade mark application service page explains what is included.
The cheapest filing is not always the cheapest outcome. A wrong owner, a missing class or an avoidable objection costs more to fix than it would have cost to get right. Weigh the fee against the cost of changing the name after launch.
9. How long registration takes, stage by stage
| Stage | What happens | Timing |
|---|---|---|
| Filing | We file your application | The filing date is the day of filing |
| Examination | An examiner checks the application | First report usually 3 to 4 months from filing |
| Response | We deal with any objections | The application must be accepted within 15 months of the first report, with paid extensions available |
| Acceptance | The application is accepted and advertised | Follows examination |
| Opposition | Others can oppose | Two months from advertisement |
| Registration | The trade mark is entered on the Register | After the opposition period ends, if nobody opposes |
A straightforward application takes at least seven months from filing. Paying for faster examination does not shorten that minimum. Objections, extensions and oppositions all add time.
Do not plan a launch around an assumed registration date. Talk to us early, so there is time to deal with an objection if one arises. Our registration timeline guide explains what can shorten or lengthen the process.
10. What happens after you file: examination
The examiner decides whether your trade mark can be registered under the Trade Marks Act. They do not assess your business or whether the brand is a good one.
The examiner checks:
- that the owner is a person or legal entity
- that the trade mark is shown clearly
- that the goods and services are described and classified correctly
- that the trade mark can distinguish your goods or services
- that it contains nothing prohibited or restricted
- that it does not conflict with an earlier trade mark.
If everything is in order, the application is accepted and advertised. If not, the examiner issues an adverse examination report setting out each objection.
All correspondence comes to us. We tell you what the examiner has said, what it means and what we recommend.
11. What happens if you get an adverse report
An adverse report is not a refusal. It means the examiner has raised at least one objection, and there is a chance to answer it.
The two most common objections are that the name is not distinctive enough, and that it conflicts with an earlier trade mark.
For a distinctiveness objection, we may argue that the examiner has misread the name, narrow the goods and services, or file evidence that customers already recognise the name as yours.
For an earlier trade mark objection, the options include arguing that the trade marks are different, removing the overlapping goods or services, filing evidence of your earlier or honest use, asking the other owner for consent, or applying to remove their trade mark if it is not being used.
The application must be accepted within 15 months of the first report. That is the deadline for acceptance, not for sending a response, so it should not be left to the last month. Paid extensions are available.
If you filed your own application and have received an adverse report, we can take it over. Our examination report service starts with a review of the full file.
12. What happens if someone opposes your application
After acceptance, your application is advertised for two months. During that time anyone can oppose it.
Common grounds are that the opponent owns or used the name first, that your name is too similar to theirs, that the name is not distinctive, or that the application was made in bad faith.
If you are opposed, a notice of intention to defend must be filed. For applications advertised on or after 18 December 2025, the deadline is two months from receiving the opponent's statement of grounds. Earlier applications may have one month. If the deadline is missed, the application lapses.
Oppositions involve evidence, written arguments and sometimes a hearing, and many settle along the way. We act for both opponents and applicants before IP Australia, and we will tell you early whether to negotiate, limit your application or fight.
13. Word mark, logo mark, slogan or shape: which to file
A registration protects what is filed, for the goods and services listed. It does not cover your whole brand in one go.
| Filing | What it protects | Main limit | When we suggest it |
|---|---|---|---|
| Word mark | The name or phrase in any style | A descriptive name may not be registrable alone | Customers ask for you by name and the design may change |
| Logo mark | The design as filed | A redesign may fall outside the registration | The logo is distinctive, or the words need the design to be registrable |
| Slogan | The exact phrase | Promotional wording often lacks distinctiveness | Customers link the phrase to you |
| Shape | The three-dimensional shape | Functional or common shapes are hard to register | The product or packaging shape itself identifies you |
For most businesses the choice is between the name alone and the name inside the logo. The word mark survives a rebrand. The logo mark protects the design the word mark leaves open.
A logo can sometimes be registered where the words alone would be refused, because the design adds distinctiveness. The trade-off is weaker protection for the words. A competitor may be able to use similar words with different artwork.
Filing both costs two sets of fees, and it is often worth it where both carry value. We will tell you which we would file first and why.
14. How to type the TM and registered symbols
™ means you are claiming the name or logo as a trade mark. You can use it without a registration. It does not prove you own the name or that it can be registered.
® means the trade mark is registered. Use it only for a trade mark registered in Australia, and only for the goods and services it is registered for. Do not use it while an application is pending. Falsely claiming a trade mark is registered is an offence under the Trade Marks Act.
Neither symbol is compulsory, and neither widens your rights.
Windows. In Word, choose Insert > Symbol. With a numeric keypad, hold Alt and type 0153 for ™ or 0174 for ®.
Mac. Press Option + 2 for ™ or Option + R for ®. You can also open Edit > Emoji & Symbols and search.
iPhone and iPad. Search the emoji keyboard for "trade mark" or "registered". For regular use, set up a shortcut under Settings > General > Keyboard > Text Replacement.
15. How long a trade mark lasts, and how to renew it
A registration lasts 10 years from the filing date. It can be renewed for another 10 years as many times as you like, so a trade mark can last indefinitely.
Renewal can be done up to 12 months before the due date. If it is missed, there are six more months to renew with a late fee for each month. After that, the registration is removed.
Renewing is not enough to keep a trade mark safe. You also have to use it. Another person can apply to remove a registration, for some or all of its goods and services, if it has not been used for three years. In most cases they cannot apply until the trade mark has been registered for three years. For trade marks filed before 24 February 2019, the wait is five years from filing.
Use by a licensee counts as your use only if you control how they use the name.
Our advice is to use the name consistently, keep dated examples, record any licences, and tell us about any restructure or sale so the owner details stay correct. Our portfolio management service tracks renewals and ownership changes for you.
16. Registering overseas from Australia
An Australian registration covers Australia only. It gives you no rights in New Zealand, the United States, the United Kingdom, the European Union or anywhere else.
There are two ways to protect a name overseas.
Direct filing means applying in each country through a local agent. We often suggest this for one or two countries, or for a country outside the Madrid System.
The Madrid System lets us file one international application based on your Australian trade mark and choose the member countries you want. Each country still examines the application under its own law and can refuse it, even if Australia accepted it.
We recommend the route based on where you sell, manufacture or plan to expand. Our international trade mark service covers both, and we work with trusted overseas associates where local work is needed.
17. Can you register a trade mark yourself?
Yes. You do not need an attorney to file a trade mark application in Australia.
The form is the easy part. The risk sits in the decisions behind it: who owns the trade mark, what exactly is filed, and which goods and services are listed. Those choices are fixed on filing, and a wrong one often stays hidden until examination, an opposition or the day you try to enforce.
We often hear from people who filed themselves and then received an adverse report. By that stage the options are narrower, and fixing the problem usually costs more than getting the application right at the start.
We recommend using an attorney where:
- the name describes what you sell
- an earlier trade mark looks close
- more than one person or company uses the brand
- the business spans several classes
- you plan to file overseas
- you have already spent money on the name.
If you are not sure, start with our free preliminary trade mark check. We will tell you whether the name looks straightforward and what it would cost for a Registered Trade Marks Attorney to handle it.
18. Common mistakes that cost money
These are the mistakes we see most often, usually in applications people filed without advice.
Assuming a business name protects the brand. ASIC registration gives you no rights in the name. See business names compared with trade marks.
Choosing the wrong class. A class for retail services may not cover the goods you sell under your own brand. The registration misses what customers buy, and you pay again.
Filing the logo when the value is in the name. A logo registration protects the design. If you rebrand, protection for the name can be thin.
Filing after launch. Waiting gives others time to file or use the name first, and you have already paid for packaging and promotion.
Missing a deadline. TM Headstart, examination and opposition all have different deadlines. Missing one can end the application.
Describing the goods or services too narrowly. A narrow list can leave out products you already sell under the name. The gap shows up when you try to enforce, license or sell.
Naming the wrong owner. A business name, a dormant company, the founder and the trading company are all different owners. Changing the applicant later does not fix it. If the rightful owner was not named from the outset, the registration can be challenged.
Each of these is something we check before filing.
19. What to have ready before you file
You do not need much to get started with us. Have these ready:
- The exact name or logo. Written exactly as you will use it, with a clear image file for a logo.
- Who owns the brand. The person or company, with its full legal name and ACN.
- What you sell. A plain description of your goods and services now, and anything you plan to launch under the name.
- Your timing. When you first used the name, or when you plan to launch.
- Evidence of use. Dated packaging, invoices or website captures, if you are already trading.
- Overseas plans. Any countries you may want to file in later.
We do the rest: the search, the classes, the wording, the filing route and the application. Our trade mark application service page sets out what is included.
20. Why use a Registered Trade Marks Attorney
"Registered Trade Marks Attorney" is a protected title. To hold it, a person must have approved qualifications and meet the standards of the Trans-Tasman IP Attorneys Board. You can check anyone's registration on the official register.
The hard parts of a trade mark application are not on the form. An attorney works out who should own the trade mark, how the examiner is likely to treat the name, which earlier trade marks are a risk, what the goods and services should say, and whether to file the name, the logo or both.
An attorney also handles what comes after filing: examiner correspondence, deadlines, evidence, oppositions, hearings before IP Australia, renewals and overseas filings.
No attorney can guarantee acceptance or stop someone opposing. What we can do is find the foreseeable problems early and give you options.
Read more about what a trade marks attorney does, and how that differs from a general lawyer.
21. How Signify IP handles an application
We start with your business. We ask what the name identifies, who uses it, what customers buy and where you plan to trade. Those answers decide the owner, the trade mark and the classes.
We then:
- confirm the owner and any related entities
- review the exact name or logo
- search the Australian register for earlier trade marks
- assess distinctiveness and other likely objections
- draft the goods and services
- recommend TM Headstart or a standard application
- file the application and report the details to you
- monitor correspondence and deadlines
- advise on any adverse report or opposition
- report registration and the renewal date.
We explain any risk before filing. You will know which part of the name is exposed, why each class is included and what the search results mean. Our fees are fixed and quoted before work starts, and government fees are shown separately.
Signify IP is led by Hollie Ford, Director and Registered Trade Marks Attorney. We have filed hundreds of trade mark applications for businesses across Australia from our office in Eastwood, South Australia.
We do not run court proceedings. We do advise on infringement and enforcement, and we work with trusted overseas associates for filings outside Australia and New Zealand.
22. Key takeaways
- A registered trade mark is the only registration that gives you legal rights in the name itself.
- A business name, company name or domain name does not protect your brand.
- Most of the outcome is decided before filing: the owner, the name and the goods and services.
- A proper search looks for similar names, not only identical ones.
- File before you spend heavily on packaging and signage.
- Start with our free preliminary trade mark check, and we will tell you where the name stands.
23. Frequently asked questions
1. How do I register a trade mark in Australia?
The name is searched, matched to the right goods, services and classes, and filed with IP Australia. It is then examined, advertised for opposition and registered. We handle each of those steps for you, starting with a free preliminary check.
2. How much does it cost to register a trade mark in Australia?
Government fees start at $250 per class for a standard application, or $330 per class through TM Headstart. Our professional fees are fixed and quoted before any work starts.
3. How long does trade mark registration take in Australia?
At least seven months from filing for a straightforward application. Objections and oppositions add time.
4. How do I trade mark my business name in Australia?
The name is filed as a trade mark with IP Australia in the classes that cover your goods and services. Registering the business name with ASIC does not do this. Send us the name and we will check it for you first.
5. Can you trade mark a business name in Australia?
Yes, if the name can distinguish your goods or services and does not conflict with an earlier trade mark. The registration covers the goods and services listed, not every use of the words.
6. Who can register a trade mark in Australia?
A person or legal entity, such as a company, that owns the trade mark and uses it or intends to use it. A business name cannot be the owner. If a trust runs the business, the trustee applies.
7. What can be registered as a trade mark?
Names, words, phrases, logos, letters, numbers, shapes, sounds, colours, scents, movements and aspects of packaging, as long as they identify your goods or services as yours.
8. What cannot be trade marked?
Names that describe the goods or services, names too close to an earlier trade mark, and words or signs restricted by legislation. Common surnames and place names often face objections.
9. What words are not allowed to be trade marked?
There is no single banned list. It depends on the word and the goods or services. Descriptive terms, common surnames, place names and legally protected words such as "bank" are the usual problems.
10. Do I need to register a trade mark?
No law requires it. We recommend it where the name carries goodwill, you plan to grow, or rebranding would be costly. You may have some rights without registration, but proving them is harder and more expensive.
11. Do I need to trade mark my logo in Australia?
Register the logo if the design itself identifies your business. If customers know you by name and the artwork may change, we usually file the name first. Many businesses file both.
12. What is the difference between a registered and an unregistered trade mark?
A registered trade mark gives you legal rights for the goods and services listed. An unregistered trade mark relies on proving your reputation, through passing off or the Australian Consumer Law, which takes far more evidence.
13. How long does a trade mark last in Australia?
Ten years from the filing date, renewable every 10 years with no limit.
14. Can you lose a trade mark if you do not use it?
Yes. Another person can apply to remove it, for some or all of its goods and services, if it has not been used for three years.
15. Can I use a name if it is already trade marked?
Sometimes. It depends on how similar the names are and how close the goods or services are. A different class does not make it safe. Talk to us before you use the name.
16. How do I check if a name is trade marked in Australia?
Ask us for a free preliminary trade mark check. We search the Australian register for the name, sound-alikes, spelling variants and similar logos. A clear result does not guarantee the name can be registered.
17. What are common reasons a trade mark is refused?
The name is too descriptive, or it conflicts with an earlier trade mark. Less often, the name is misleading or contains a restricted word.
18. What are the disadvantages of registering a trade mark?
It costs money per class, takes time and puts your details on a public register. A registration also needs to be renewed and used, and you need to decide whether to enforce it.
19. Is it illegal to put TM on something that is not registered?
No. ™ only shows you are claiming the name as a trade mark. The ® symbol is different, and should only be used for a trade mark registered in Australia.
20. How do I type the trade mark symbol?
On Windows with a numeric keypad, hold Alt and type 0153 for ™ or 0174 for ®. On a Mac, press Option + 2 for ™ or Option + R for ®. On an iPhone or iPad, search the emoji keyboard.
21. Can I trade mark a domain name?
Yes, if the wording works as a brand and meets the usual requirements. Adding ".com.au" to descriptive words does not make them distinctive.
22. What is the difference between a trade mark and a domain name?
A trade mark is a legal right for specific goods or services. A domain name is a web address. Owning one does not give you the other.
23. What are the four types of trade marks?
The four most common are word marks, logo marks, slogans and shapes. Australian law also allows sounds, colours, scents, movements and aspects of packaging.
24. Does an Australian trade mark protect me overseas?
No. Overseas protection needs a filing in each country, either directly or through the Madrid System, and each country decides for itself. We handle both routes.
25. Can I register a trade mark myself?
Yes, you can. The risk is in the owner, the name and the goods and services, which are fixed on filing. We recommend an attorney where the name is descriptive, an earlier trade mark is close, you need several classes or you plan to file overseas.
26. What is TM Headstart?
It is IP Australia's pre-application service. An examiner reviews the request within five business days, and there are then five business days to make changes or convert it to a formal application. Government fees start at $330 per class. We will tell you whether it suits your name.
24. Next step
Book a free trade mark search before you commit the name to packaging, signage or a launch. Send us the exact name, the owner and a plain description of what you sell. We will tell you where the name stands, explain the scope of an application and give you a fixed-fee quote before any work starts.
This guide is general information and is not legal advice.