The Registration Process

There are many steps involved and things to consider when registering a trade mark. You can learn more about the trade mark application process or read the Trade Mark Guide.

It is important to be clear about the mark that you intend to use and also the specification of your goods and services as only changes to limit the specification may be available during examination.

 

Applications are examined in order of filing, to see if they meet the requirements of the Trade Marks Act 1995. The period of time taken between filing and examination of applications can vary considerably due to significant fluctuations in the number of applications lodged at any given time. However, your trade mark will be registered from the date you filed your application, not from the date it was examined or accepted. While it may be possible to expedite the examination of your application, in line with our obligations under international conventions, the earliest that a trade mark can be registered is around 7 months. 

 

However, a registered trade marks or patent attorney and other experienced IP professionals may be able to provide you with advice on the registrability and use of your proposed trade mark. Alternatively, if you are unsure of the acceptability of your trade mark for registration, use IP Australia's TM Headstart service.

TM Headstart provides an assessment that can help you determine the suitability of your trade mark for registration.