Official Trademark & Patent Office in Australia
- Name of Office: IP Agency of the Australian Government.
- Address: Ground Floor, Discovery House, 47 Bowes Street Phillip ACT 2606
- Phone number: +61 2 6283 2999
The Trademark Office applies the current version of the Nice Classification, you can find acceptable goods and services in this link.
Bonamark will prepare and file your trademark for registration in Australia and this is a "first to use" country. It means that if a trademark is in use in Australia it receives some level of protection. At the same time, only registered trademarks can use the copyright symbol and gain full protection.
Enforcing a registered trademark in Australia is easier than enforcing an unregistered "common law" trademark, as the business owner does not have to establish the public reputation of the trademark.
Australian trademarks are also protected on the Christmas Island, the Cocos (Keeling) Islands and Norfolk Islands (NF).
Australia is a member of WIPO since 1972, as well as a member of the Madrid Protocol since July 11, 2001.
With 40,000 trademark applications filed each year, only 20.000 are filed by foreign applicants, which demonstrates the understanding of how important trademarks are for local businesses. You can access additional information regarding IP statistics in Australia here.
Registering a Trademark in Australia: Requirements
Fill out our simple online form and a Trademark Specialist will contact you within 24 hours to guide you through the process.
Multiple-class applications are possible. However, additional fees are payable if an application is to cover more than one class.
The application is filed at the Australian Government Agency responsible for administering patents, trademarks, designs and plant breederʼs rights (IP Australia).
What can be registered as a trademark?
You can register almost anything as a trademark in Australia:
words, logos, 3D trademarks, sounds, names, business names, colors and etc. However, note that you will have to prove that a regular client will be capable to distinguish your product with a non-traditional trademark on it from products of your competitors.
What will be required to file your trademark application?
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
Australia Trademark Registration Process
A straightforward trade mark registration in Australia process takes 7-9 months. Our intellectual property attorney will file your trademark within 5 business days, after receiving the required details.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
An expedited examination can be requested if the processing time is likely to cause serious disadvantage to the applicant. Applications filed claiming convention priority will generally have their examination automatically expedited.
- Filing - 5 days
- Formal examination
- Official search for identical or similar Trademarks
- Publication in the “Australian Official Journal of Trademarks”
- Opposition period - 2 months
- Issuance of the registration certificate
A registered trade mark in Australia is valid for 10 years from the date of application. The registration is renewable for periods of 10 years.
If a trademark has not been used within 3 years, the registration is vulnerable to cancellation upon request of a third party. An application for cancellation due to non-use over a 3-year period cannot be filed until at least 5 years after the filing date of the trademark.
Search our Australia Trademark Database
Available online, you can request a free trademark search online using the form at the top of this page. Our intellectual property IP attorneys will deliver a free trade mark availability report within 24 hours.
The trade mark database is frequently updated, and you can rely on the information you get from the website. However, we recommend ordering a trademark study as this will allow you to check the probability of registration of your trademark in Australia, calculated by an experienced professional.
Australia Trademark Application Cost
The official trade mark registration cost for standard online filing in Australia is AUD 250 per class with pick-list. The amount is included in our filing price.
The official trademark application fee for standard online filing is AUD 330 per class without pick list, or for paper filing, it is AUD 350 per class without pick list.
The final fee to register a trademark is no longer required.
Trade mark Search in one class: 79 USD
- Additional class: 59 USD
Trade mark Registration Request in one class: 379 USD
- Additional class: 369 USD
Our Trademark Services in Australia
We offer the following services in Australia:
- Trademark Search
- Trademark Registration
- Trademark renewal
- Trademark opposition
- Defenses in case of oppositions or objections/office actions in Australia
- Trademark cancellations
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please do not hesitate to contact us. Note, that the final registration fees in Australia are included in the price of a registration request. The prices do not include any legal defenses in case of oppositions or objections.