From trademark search to registration in Australia
Six stages sit between a good name and a registered trade mark. The first one costs nothing and can change everything after it.
Earliest registration≈ 7.5 months from filing
ExaminationAbout 3 months after filing
Opposition window2 months after advertising
Term10 years, renewable
01
Seconds
Search & clearance
Screen the register for identical, similar and sound-alike marks in the classes you need, then proceed, refine or rename while the brand is still flexible.
Search the exact name and its variants
Check registered and pending marks
Test for distinctiveness
Choose the classes you actually trade in
02
Day 0
Application
The mark is filed with IP Australia: the owner, the exact sign, and a specification of goods and services in each class. The filing date becomes your priority date.
Confirm the correct legal owner
Decide word mark, logo, or both
Use the picklist where it fits
Pay the per-class fee
03
≈ 3 months
Examination
An examiner checks the application against earlier marks and for distinctiveness. Problems come back as an adverse report, with time to respond.
Earlier conflicting marks
Descriptiveness and distinctiveness
Specification wording and classes
Formalities and ownership
04
2 months
Acceptance & opposition
Once accepted, the application is advertised. For two months, anyone may oppose registration on grounds such as an earlier mark or prior use.
Acceptance is published
The opposition window opens
Notice of intention to oppose, then grounds
Most marks move through unchallenged
05
≥ 7.5 months
Registration
The mark is entered on the register and the ® symbol may be used. Protection runs ten years from the filing date, renewable indefinitely.
Entered on the register
Use the ® symbol
Ten years from filing
Renewable indefinitely
06
Ongoing
Ongoing management
Use the mark, watch for conflicting filings and renew on time. A registration left unused for three years can become vulnerable to removal.
Keep using the mark as registered
Watch new filings
Act early on conflicts
Renew every ten years
Timings are typical and depend on IP Australia workloads and whether issues are raised. Registration cannot occur earlier than about seven and a half months from filing. See how long registration takes and fees.
From idea to R registered
One name in, the Australian register read back in seconds. Free, and nothing to sign up for.