business.gov.au

Register a Trade Mark - Australian Government

Description

You may need this registration if you intend to establish an exclusive brand for your business or distinguish your goods or services from those of other businesses.

A trade mark is a way of identifying a unique product or service. A trade mark is not just 'a logo'. It can be a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these. Sometimes referred to as a brand, it can help your customers discern the quality of your product or service over that of your competitors.

A registered trade mark provides you with exclusive rights to use, licence and sell the mark. It is also a valuable marketing tool because the value of your trade mark increases with the success of your business.

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
  • an unincorporated association
  • a body existing under legislation (for example a registered charity)
  • more than one of these (in the case of multiple owners).

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
  • should be in the name(s) of trustee(s) rather than the trust name
  • must submit your name and ownership details and contact details
  • must submit a representation of your trade mark
  • must submit a description of the goods and / or services to which it applies
  • must submit a list of the relevant classes
  • must submit a translation / transliteration of any park of your mark that is in another language
  • submit any relevant forms
  • pay any prescribed fees.

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

Duration

Initially 10 years with renewal periods of 10 years thereafter

Fees

Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application All

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

Forms

Act(s) name

Trade Marks Act 1995 Australian Government

Regulation(s) name

Trade Marks Regulations 1995 Australian Government

Administering agency

Department of Industry, Science and Resources

IP Australia

Trade Marks and Designs Group

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.