Timeframes and fees

Registering a trade mark in Australia takes at least 7 months and costs a minimum of $250.

Trade marks

Steps to register a trade mark

There are 4 steps to registering a trade mark:

1. Application

There are 2 ways to apply for a trade mark:

1. Through our pre-application service (TM Headstart) — this includes an indicative assessment of your application before you file
2. 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.

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.

Step 2 - Amend your application (optional)

• Change of trade mark representation (optional)
• Addition of new classes (optional)

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.

Standard application fees

A standard trade mark application costs a minimum of $250.

Your fees will be lower if you use the picklist.

In rare circumstances, you may add new classes of goods and services to your application for an additional fee.

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.

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.

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 September 2024) are detailed below. We update this information monthly.

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.

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.