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TRADEMARK SEARCH™Australia

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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.

01 · SEARCHSECONDS02 · FILEDDAY 003 · EXAMINED≈ 3 MO04 · ACCEPTED+ ADVERTISED05 · OPPOSITION2 MO06 · REGISTERED≥ 7.5 MORENEW10 YRSM0M3M6EARLIEST REGISTRATION ≈ 7.5 MONTHS FROM FILINGPROSECUTION TIMELINE — AUSTRALIA · NOT TO SCALE BEFORE FILING · SHEET TS-03
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 registered

One name in, the Australian register read back in seconds. Free, and nothing to sign up for.

Preliminary register screen