Registration of a Trade Mark - Australian Government

Service summary

You will require this registration if you intend to seek protection for and check the availability of a trade mark over goods and services.

A trade mark is a mark used by traders in goods, or provision of services, to distinguish their goods or services from those of other traders. A registered trade mark gives you the legal right to use, license or sell it within Australia for the goods and services for which it is registered. Trade marks may be:

  • Letters;
  • Numerals or words;
  • Phrases;
  • Sounds;
  • Smells;
  • Shapes;
  • Logos;
  • Pictorials;
  • An aspect of packaging; or
  • A combination of the above listed items.

Please consult the Contact Officer for more information.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To own a trade mark you must be one of the following:

  • An individual;
  • A company;
  • An incorporated association; or
  • More than one of these (in the case of multiple owners).

You can also own a trade mark if you are:

  • An unincorporated association; or
  • A body existing under legislation (for example a registered charity).

As the applicant you:

  • Cannot be a business name or trading name;
  • Should be the owner(s) of the business registration;
  • Should be the corporation's name (if owned by the corporation) and not in the name of directors or shareholders; and
  • Should be in the name(s) of trustee(s) rather than the trust name.

You must use, or intend to use, the trade mark in relation to the goods or services included in your application.

Please consult the Contact Officer for more information regarding eligibility requirements.

Duration

Initially 10 years with renewal periods of 10 years thereafter.

Fees

 TypeDescription
ApplyApplication

Fees will vary depending on your circumstances. Please consult the Contact Officer for more information.

Administering agency

Department of Industry, Innovation and Science
IP Australia
Trade Marks and Designs Group

Act(s) name

Trade Marks Act 1995 (Australian Government)

Regulation(s) name

Trade Marks Regulations 1995 (Australian Government)

Contact details

Enquiries
Department of Industry, Innovation and Science
IP Australia
Trade Marks and Designs Group

Operating address:
Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address:
PO BOX 200
Woden, Australian Capital Territory 2606

Phone:

1300651010

Phone:

02 62832999

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.