Register a trade mark

The cost of applying for a trade mark will depend on the protection you’re after.

Products and services are grouped together in classes and fees apply to each class. For example, clothing, footwear and headgear are under one class, whereas software is in a different class.

If you're trying to apply for a trade mark in more than one class, you'll need to pay more.

IP Australia usually take three to four months to examine your trade mark application once it has been submitted.

If your trade mark is accepted you’ll be notified in writing and your trade mark will then be advertised as an accepted application in the Australian Official Journal of Trade Marks.

Head to the IP Australia website for more information on the timeframes of application outcomes. 

There is no legal requirement to register a trade mark.

A trade mark is protected in all Australian states and territories for an initial period of 10 years. You can renew your trade mark registration 12 months before the renewal date or up to 6 months after.

If you renew after the due date you may have to pay a late fee. 

You can use the ™ symbol alongside an unregistered trade mark. It lets others know that you’re using the logo, image, word(s), sound, number or scent as a trade mark.

The ® symbol shows that you’ve registered the trade mark and you have exclusive rights to the mark. It’s an offence to use the ® symbol for unregistered trade marks. (449)