How Do I Set Up A Trademark In Australia?

Do you plan to open a new company or introduce a new product in Australia? In that case, trademark registration is a critical step to take to secure your brand’s identity. The ability to set yourself apart from the competition and increase customer identification of your brand is the primary purpose of registering a trademark.

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The trademark registration procedure in Australia may seem complicated, but it is rather straightforward. In this article, we’ll walk you through the process of registering a trademark in Australia, from starting with a trademark search to putting together your application. You will be in a strong position to protect your brand and set the stage for future success in business with the knowledge presented here.

Trademark: What Is It?

Trademarks are any distinctive sign, word, phrase, or design used to identify and distinguish one company’s goods or services from those of another. The primary function of a trademark is to distinguish one brand from another. Customers will think more highly of a business that is known for producing high-quality goods and services if they see that business’ trademark.

Whether a trademark is registered or not, registering it grants the owner legal protection and exclusive rights to use the mark in connection with the specified products and services in the specified territory. This ensures that the brand’s value is protected and that consumers are not confused by others’ use of the mark without the owner’s knowledge and consent.

Trademarks in Australia are filed with IP Australia, the country’s intellectual property office. You can prevent trademark infringement, passing off, and counterfeiting by having your trademark registered.

How Do I Set Up A Trademark In Australia?

To set up a trademark in Australia, you will need to follow these general steps:

Conduct A Trademark Search

Before applying for a trademark, it’s important to search to ensure that your desired trademark is not already registered or too similar to an existing trademark. Conducting a trademark search is important to ensure that your desired trademark is not already registered or too similar to an existing trademark.

A trademark search can help you avoid potential legal disputes or infringement claims by identifying any conflicting marks that may already exist in the marketplace.

In Australia, you can conduct a trademark search using the Australian Trade Marks Search database on the IP Australia website. This database contains information on all registered and pending trademarks in Australia, as well as some international trademarks that have been accepted for protection in Australia.

When conducting a trademark search, you should search for trademarks that are identical or similar to your desired trademark. You can use keywords, phrases, or images to search the database. It’s also a good idea to search for variations of your desired trademark to ensure that you don’t miss any potential conflicts.

Your trademark may need to be altered or replaced if you discover a similar one during your search. If you have any questions or concerns about the outcomes of your trademark search, you should speak with a trademark attorney or agency.

Determine The Trademark Classes

Trademarks in Australia go into one of 45 classifications, divided evenly between products and services. Trademarks can be registered in any of 45 different “classes,” each of which covers a different category of products and services.

To register your trademark in Australia for the correct goods and/or services, you must first identify which trademark classes apply to your trademark. As such, the classes aid in registering and protecting trademarks for their intended purposes, while also preventing them from infringing on the rights of other trademarks registered in the same or comparable classes.

Selecting the correct trademark classes is crucial for trademark protection and avoiding trademark infringement claims brought by others. You may want to talk to a trademark attorney or agency to be sure you’re registering your mark in the right classes.

Prepare Your Application

You can apply for a trademark through IP Australia’s online eServices portal. Your application should include your trademark, a description of the goods and/or services the trademark will be used for, and the trademark classes. You’ll also need to pay the filing fee at this time. 

Your chances of securing a trademark registration are higher if you include as much correct and complete information as you can while filling out the application. Trademark registration applications that contain even minor errors or omissions risk being delayed or even rejected. A trademark attorney or agent can help you make sure your application is in order and will give you the best possible opportunity of being granted a trademark.

Examination And Publication

Your trademark application will be examined by IP Australia to ensure that it meets the legal requirements. If everything is in order, your trademark will be published in the Australian Official Journal of Trade Marks for opposition purposes.

Trademark registration can be delayed considerably and expensively due to the examination and publishing process and the opposition procedure, respectively.

The likelihood of your trademark application being approved increases if you provide accurate, thorough, and appropriate information and ensure that it complies with all applicable laws. Trademark attorneys and agents are available to guide you through the examination and publishing phases, as well as any further challenges that may occur.

Opposition Period

Once your trademark is published, there is a two-month opposition period where anyone can oppose your trademark application if they believe it infringes on their existing rights. If there is no opposition, your trademark will be registered. Australia’s trademark registration process relies heavily on the opposition period. This phase follows the trademark application review and publication acceptance.

To give others a chance to object to your trademark registration if they see a potential conflict, it will be published in the Australian Official Journal of Trade Marks for two months.

It is highly recommended that you retain legal counsel to help you navigate the opposition phase of the trademark registration process. You can lessen the likelihood of opposition to your trademark application if you provide correct and thorough information and submit a filing that satisfies all legal criteria.


Assuming no objections or oppositions were filed during the examination and opposition period, IP Australia will register your trademark. Your trademark will now be protected for 10 years after you obtain your certificate of registration.

Note that registering a trademark can be a time-consuming and difficult process, so consulting an attorney is highly recommended. To further reduce the possibility of objection or denial, you should provide a detailed and precise description of your trademark in your application and ensure that it complies with all applicable laws.


The process of registering a trademark in Australia consists of several distinct processes, including a trademark search, identification of the relevant trademark classes, application preparation, examination, publication, opposition period, and registration.

To lessen the possibility of opposition or refusal, your trademark application should provide a detailed and comprehensive description of your mark, comply with all applicable laws, and not include any confusingly similar marks.

If you want your trademark to remain protected, you should use it in commercial contexts and, if required, seek legal redress to enforce your rights. If you want your trademark registration to go as smoothly as possible, it’s a good idea to hire a lawyer to help you out.

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