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How to apply
A step-by-step guide to applying for a trade mark.
Steps to register a trade mark
There are 4 steps to registering a trade mark:
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1. Application
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2. Examination
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3. Acceptance
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4. Registration
1. Application
There are 2 ways to apply for a trade mark:
- Through our pre-application service (TM Headstart) — this includes an indicative assessment of your application before you file
- Through our standard application process.
Each meets slightly different needs and has a different fee.
Fees depend on how many classes of goods and services are listed in your application.
It's important to make sure your application is correct before you submit it, as you won't be refunded if you make a mistake and have to re-submit.
How to apply Classes of goods and services
TM Headstart fees
Registering a trade mark through TM Headstart costs a minimum of $330. This covers submitting your pre-application (step 1), and finalising your application (step 3). If you need to make changes before finalising your application (step 2), this will add to your cost.
| Action | Fees (per class) |
| Step 1 - TM Headstart request | $200 |
|
Step 2 - Amend your application (optional)
|
$150 $200 |
| Step 3 - Conversion to a standard application (Part 2 fee) |
$130 |
Once you submit your pre application (step 1), you'll have:
- 5 days to make changes based on the examiner's feedback (step 2)
- 5 days to formalise your application if you want to move forward to apply for a trade mark (step 3).
Your application will lapse if you miss a deadline, so it's important to check your online services frequently for updates. Your due dates will be clearly marked on the examiner's reports.
How to apply with TM Headstart
Standard application fees
A standard trade mark application costs a minimum of $250.
Your fees will be lower if you use the picklist.
The picklist is a searchable list of 60,000+ goods and services categorised into 45 classes.
| Action | Fees (per class) |
| Trade mark application with picklist |
$250 |
| Trade mark application without picklist | $400 |
| Series trade mark application with picklist |
$400 |
| Series trade mark application without picklist |
$550 |
In rare circumstances, you may add new classes of goods and services to your application for an additional fee.
| Action | Fees (per class) |
| Trade mark application - additional class | $450 |
| Series trade mark application - additional class |
$600 |
For example
You're using the standard application service to apply for a trade mark online. You use the picklist to select:
- 'Hats' under Class 25
- 'Sunglasses' and 'sunglass cases' under Class 9.
Your total application cost will be $500, as it includes two classes of goods and services with a fee of $250 per class.
Postal application fees
If you can't submit your application online, you can post it to us. Please note, higher fees apply.
| Action | Fees (per class) |
| Trade mark application | $450 |
| Series trade mark application |
$600 |
2. Examination
We examine your application to check it meets the legislative requirements. If it does, it will progress to the 'acceptance' step. If your application doesn't meet the requirements, we'll send you a report explaining the issues. In some cases, you may be able to fix your application.
How to respond to examination reports
Expedited examination
You can 'expedite a trade mark application' through online services, if your application is time sensitive. For example, you have a launch date or there's a case before the court.
Please note, the minimum time between your filing date and registration will still be seven months.
Expected wait times
Usually, it takes 3-4 months for us to examine your application from the date you file it. This will depend on the type of application and demand for our services.
Current timeframes for examination (as of 2 November 2024) are detailed below. We update this information monthly.
| Application type | We're currently examining applications filed in |
| Domestic | September 2024 |
| International (other) | September 2024 |
| International (Madrid System) | October 2024 |
| Expedited (requested) | October 2024 |
| Converted TM Headstart | October 2024 |
| Assisted Filing Service | Current approximate waiting time |
| TM Headstart requests | 2.7 business days |
Refunds and waivers
Under limited circumstances we may issue a refund or waive fees.
3. Acceptance
If your application passes examination, we'll email your online services inbox to let you know.
Then, we'll advertise your trade mark in the Australian Official Journal of Trade Marks (AOJTM) and the Australian Trade Mark Search for two months. During this time, anyone can oppose your trade mark registration.
4. Registration
If your trade mark isn't opposed, or you overcome oppositions, we'll register it and update this in the Australian Official Journal of Trade Marks and the Australian Trade Mark Search.
A trade mark registration provides 10 years' protection from the filing date. Once registered, it's your responsibility to manage and maintain your trade mark. There may be costs associated with this.
Cost of documents and certificates
You can order photocopies, certified copies, or duplicates of documents through online services.
If you need your documents urgently, we can expedite postage. Please note, this only speeds up the postage time, not our processing time for your request.
| Document request | Fee |
| Copy of 1-3 documents from the same file | $50 per document |
| Copy of 4+ documents from the same file | $200 |
| Expedited post | $20 per document request |
If you want a certificate for display purposes only, you can also order a commemorative certificate from a third party. The cost starts at $80 (+ GST). Commemorative certificates aren't legal documents and don't replace your official certificate.
Order a commemorative certificate