When you start a business, your brand is so much more than just a name or a pretty logo. It’s your identity. The thing that sets you apart in a crowded market. It’s the shortcut your customers use to recognise you, trust you, and keep coming back.
But here’s the truthbomb: without legal protection, your brand is vulnerable. That’s where IP Australia comes in. They’re the agency that helps Australian business owners secure trademarks, giving you the exclusive rights to your brand name, logo, or slogan.
In this blog, we’ll break down the trademark application process with IP Australia, cover the timeline, costs, and common mistakes, and share practical tips to boost your chances of success. And if you’re ready to go deeper? Stick around till the end for a free checklist and an inside peek into our course Tricks of the Trade Mark®.
What is IP Australia?
IP Australia is the government agency responsible for intellectual property rights in Australia, including patents, trademarks, designs, and plant breeder’s rights.
When it comes to trademarks, IP Australia ensures that businesses (big and small) can legally secure their brand identity. That means once you’ve registered, you hold the exclusive right to use your trademark across Australia for the goods or services you’ve chosen.
Think of it like locking your front door. Without a trademark, anyone can waltz in and use your brand name or logo. With a trademark, you’re the only one holding the key.
Why registering a trademark is essential
Some business owners put trademarks in the “I’ll get to it later” pile. But here’s why it shouldn’t be an afterthought:
- Legal Protection → You can stop others from copying or using your brand.
- Credibility & Trust → A registered trademark signals you’re legit. Customers take you seriously.
- Asset Value → Trademarks are intellectual property. They add tangible value to your business if you ever want to sell or franchise.
- Expansion Ready → Thinking global? Many countries require an existing registration in Australia before extending rights overseas.
The trademark application process with IP Australia
Here’s what the journey looks like:
1. Search & Pre-Application
Before you even apply, do a thorough search using the Australian Trademarks Online Search System (ATMOSS). This ensures your proposed mark isn’t already taken or too close to another.
For example: trying to trademark “Nykes” for sneakers? You’ll run into trouble because of Nike’s existing protections.
👉 Common mistake: choosing descriptive names like “Fresh Bread Bakery.” These are too generic to trademark and will likely be rejected.
2. Application Submission
Once you’re confident your brand is unique, it’s time to apply. You’ll need to provide details such as:
- What exactly you want to trademark (name, logo, or both)
- The class of goods or services it applies to (IP Australia uses 45 classes)
Pro tip: Think long-term. If you’re selling candles now but plan to expand into skincare, include those classes now.
3. Examination
Your application is reviewed under the Trademarks Act 1995. IP Australia checks if it’s:
- Too descriptive
- Too similar to existing marks
- Likely to mislead consumers
For example: “Apple Academy” for education services might face issues because of the Apple tech brand.
4. Opposition
If your application passes, it’s published for public viewing. During this two-month window, other businesses can oppose it if they think it clashes with their rights.
5. Registration
Assuming no oppositions (or if you successfully defend against them), congratulations, you now have a registered trademark. You’ll hold exclusive rights to use it across Australia for 10 years (renewable).
How much does it cost to register a trademark in Australia?
The cost depends on how you apply and how many classes you choose:
- Headstart application: from around $250 per class
- Standard application: from around $330 per class
Remember: each class is like a category. If you’re a fitness coach selling digital courses and branded apparel, you may need multiple classes, each with its own fee.
How long does it take to register a trademark in Australia?
On average, the process takes 7–8 months from application to registration. Here’s a breakdown:
- Pre-application search: a few days
- Examination: up to 4 months
- Opposition period: 2 months
- Final registration: 2–3 months
But delays can happen if there are objections or oppositions.
Tips to Increase Your Chances of Success
Want to smooth the process? Here’s how:
- Do your homework: Use ATMOSS to check availability.
- Choose distinctive names: Made-up words (like “Kodak”) or unique combinations work best.
- Avoid descriptive/generic terms: They rarely get approved.
- Think big picture: Register across all classes you’ll need now and in the future.
- Get expert help: Consider a trademark attorney or a course (psst… keep reading 👀).
Want to avoid rookie mistakes? Grab our free checklist that walks you through the exact steps to trademark your business name in Australia, minus the overwhelm.
FAQs About Trademarks in Australia
Can I trademark a logo and a name together?
Yes, but note: a combined trademark protects the exact combination. If you want flexibility, consider registering them separately.
Do I need a lawyer to file a trademark in Australia?
Not necessarily. Many business owners DIY their applications, but guidance can save costly mistakes.
What happens if my trademark is rejected?
You can respond to objections, amend your application, or seek legal help. A strong initial application reduces this risk.
How long does a trademark last?
10 years, with the option to renew indefinitely.
Conclusion + Your Next Steps
Trademarks aren’t just for big corporations like Apple or Nike, they’re vital for every business, from solo founders to growing startups. Securing your trademark with IP Australia means peace of mind, credibility, and future-proofing your brand.
So, what’s next? You’ve got two options:
👉 Grab our free checklist to walk step-by-step through your own trademark application.
👉 Or, if you’re ready to confidently DIY your trademark application without second-guessing every step, dive into our signature course: Tricks of the Trade Mark®. It’s the shortcut to securing your brand’s identity, explained in plain English, with zero jargon.
Protecting your brand is one of the smartest moves you’ll ever make as a business owner.
The only question is, are you ready to make it official?
***Disclaimer. Please read!!***
This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.
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