Protecting your brand is one of the smartest investments you can make as a business owner. In Australia, registering a trademark gives you exclusive rights to use a name, logo, or slogan in connection with your goods or services. This protection falls under Intellectual Property Law, ensuring others cannot profit from your brand identity.

Whether you are launching a new business or expanding an existing one, this guide walks you through how to register a trademark in Australia step-by-step, so you can safeguard your intellectual property with confidence.

What is a Trademark?

A trademark is a sign that distinguishes your goods or services from those of other businesses. It can be:

• Words or phrases (e.g., your business name or slogan)
• Logos and symbols
• Sounds, colours, shapes, or even scents

Registering a trademark under Australian Intellectual Property Law grants you legal protection and the right to take action against anyone who uses it without your permission.

Why Register a Trademark?

While you may gain some limited rights through common law, registration provides:

• Exclusive legal rights to use the trademark nationwide
• Stronger enforcement powers to stop infringement
• Brand recognition that adds value to your business
• Transferable rights that can be sold or licensed

Without registration, your brand is more vulnerable to copycats and disputes.

Step-by-Step: How to Register a Trademark in Australia

Check if Your Trademark is AvailableBefore applying, ensure your desired trademark is unique and not too similar to existing registered marks. You can search the Australian Trade Mark Search database through IP Australia.

Choose the Right Class for Your Goods or ServicesTrademarks are registered under specific classes based on the type of goods or services you offer. Australia uses the Nice Classification system, with 45 different classes. Selecting the wrong class could limit your protection.

Consider the Headstart ApplicationThe Headstart service allows you to get feedback from IP Australia before lodging a full application. This can save time and money if your trademark is likely to be rejected.

Lodge Your ApplicationYou can apply online via IP Australia’s website by providing:

• Your details (individual or company)
• A clear representation of your trademark
• A list of goods or services it covers
• The class number(s)

Costs:

• Standard application: from around AUD $250 per class
• Headstart application: from AUD $200 per class (plus balance fee if proceeding)

Examination ProcessIP Australia will examine your application to ensure it meets legal requirements and does not conflict with existing trademarks. They will notify you of any issues through an adverse report, which you can respond to.

Publication and Opposition PeriodIf your application passes examination, it will be published in the Australian Official Journal of Trade Marks. There is a two-month window where others can oppose your registration.

Registration and RenewalIf there is no opposition—or any opposition is resolved—your trademark will be registered, and you will receive a certificate. Registration lasts for 10 years and can be renewed indefinitely by paying the renewal fee.

Common Mistakes to Avoid

• Not searching the trademark database - This increases the risk of rejection or legal disputes.
• Choosing the wrong class - This limits your protection and may require a costly reapplication.
• Using descriptive terms - Trademarks that simply describe goods or services may be refused.
• Failing to monitor your trademark - You must take action against infringement to maintain rights.

Enforcing Your Trademark Rights

Under Australian Intellectual Property Law, if someone uses your registered trademark without permission, you can:

• Send a cease-and-desist letter
• Seek mediation or negotiation
• File a court action for infringement

You can also record your trademark with Australian Customs to stop counterfeit goods entering the country.

How a Lawyer Can Help

Trademark law is complex, and small mistakes can cost you time and money. An experienced Intellectual Property Law solicitor can:

• Conduct thorough trademark searches
• Advise on the best classes to register in
• Respond to adverse reports or opposition
• Handle infringement disputes

Professional guidance ensures your trademark is registered smoothly and offers maximum protection.

Registering a trademark in Australia is a vital step in protecting your brand identity. By following this step-by-step guide and seeking professional help where needed, you can secure exclusive rights under Australian Intellectual Property Law and safeguard your business for the future.

Protect your brand and secure your rights with expert legal guidance.

Contact New South Lawyers today to start your trademark registration process with confidence.