Registration of a Trade Mark - Australian Government

Description

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

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All -

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

Apply Renewal All $400.00 Trade mark renewal (online).

Act(s) name

Trade Marks Act 1995 AG

Regulation(s) name

Trade Marks Regulations 1995 AG

Administering agency

Department of Industry, Innovation and Science

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.

Enquiries

Trade Marks and Designs Group

IP Australia

Department of Industry, Innovation and Science

Operating address: Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address: PO BOX 200
Woden, Australian Capital Territory 2606
Phone: 02 6283 2999
Phone: 1300 651 010