How To Perform A Trademark Registration in Australia

One of the more important things you should set up when running a business is getting your trademark registration in order. However, like all administrative and bureaucratic tasks, it can seem rather complex. Daunting even. This is especially true if you don’t have much experience with these matters. But, no matter how difficult, it’s something that needs to be done.

By registering your trademark, you become its exclusive owner. It doesn't matter if it’s something visual, like a logo, auditory, like a jingle, or text-based, like a slogan (and there are many other forms). When you do the registration properly, you will protect yourself, indefinitely, from people wanting to steal your work. A developing company should have its business name trademarked as well, since it gives you control and protection over your assets.


The prerequisites


Before you begin the trademark registration procedure, there are a couple of things you need to keep in mind. First of all, decide on what type of trademark you are actually applying for.

So, you have certification trademarks. These set out certain goods or services that have specified characteristics. These are usually focused on the quality, its content, the way it’s manufactured, as well as its geographic origin. This is a guarantee of quality, a sign that the services and goods you offer are in accordance with any and all relevant standards.

On the other hand, you have sound trademarks as well. For example, the Windows start up sound has been trademarked for some time now. It’s essentially something that makes your product recognizable.

Then, you have movement trademarks. Better explained as animation trademarks, these cover special “movements” regarding products. The best way to explain this is by example. So, Microsoft’s Windows logo is obviously trademarked. But, the animation accompanying it trademarked too (four colored dots that move around until they create the logo).

Shape trademarks focus on the actual shape of the packaging that helps distinguish your stuff from the competitors.


Next, think about the goods and services that will be covered by your trademark. These need to be identified and classified if you want to get them properly registered. There are over 45 classes of goods and services for Australian trademarks, and the Australian trademark search engine can help you out with this.


On the other hand, you can always ask for help. If you want to trademark business name in Australia, you won’t have that much of a hassle if you go with a good company. People that specialize in this type of service can help guide and direct you towards what you have to do, and how to do it. They will remove any of the guesswork and ambiguity regarding the filing other application.

The reason you need to do this is that a trademark professional will have a hard time helping and guiding you without you understanding your business and what you want. Think about what you actually do, what products and services will your customers get, and how will they use them. You will not get any clear information about the duration, cost, and implementation of a trademark procedure without first figuring out this information.


The submittal

Once you are completely prepared and ready, you should be in the submittal process. You file the application with IP Australia, which you can do online. First, pay the appropriate application fee. Make sure that, as you’re filling in the online form, you have JavaScript enabled.

Know that all the information needs to correctly filed, and remember the information regarding your company’s address will be made public on the internet. If you attach any files on this online application (like images of a logo) know that the maximum attachment capacity is 40 Mb. 


The process

Once you filed the application, you will need to wait for the procedure to be finalized. First, it will be pre-assessed by an examiner. Then, you will receive feedback. This can be anything from advice to make things more clear, to reminding you to correct certain errors in your application. Then you will get the opportunity to be in contact with an examiner. He will help you amend your application if needed. You will get a clear filing date, and will most likely receive a report on the application in around 13 to 16 weeks.


What you cannot trademark

There are some things that you simply can’t trademark, no matter how much you want them to be. Too many people think that an “idea” can be trademarked and patented. But no matter how interesting a patent you have in mind, you first need to make it at least somewhat concrete.

Also, remember to have at least somewhat specific names. Too generic business names will be rejected. For example, you can’t really trademark “Queensland gym”, it’s just too broad.

Finally, try not to have your trademark conflict with somebody else’s. This may seem obvious, but you still need to be certain. Furthermore, there may be a company that has the same logo you do, except you just don’t know about them. This is where the trademark search engine and a good advisor come into play.



The more your company grows, the more important a trademark becomes. You will be creating a name for yourself, and that will put you at risk of being taken advantage off. Setting up a proper trademark is a sure-fire way of staying safe.

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