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Frequently Asked Questions

Trademarks 101

Key questions related to trademarks.

Pricing

Information about pricing and fees.

Application Process

What happens, and when.

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Trademarks 101

What is a trademark?

A trademark allows you to distinguish your goods or services in the market place. Your trademark could include words, colours, logos, shapes, sounds, smells or any combination of these.

What are goods and services?

When you apply to register a trade mark, you must include a list of all goods and/or services that you want to use the mark for. This is called a specification of goods or services.

To help you decide what goods or services to list think about the exact nature of your business and ask yourself the following:

  • Where do you derive your business income?
  • What is the nature of your business?
  • What are you known for by your customers/clients?
  • What products or services does your business provide?

What are classes?

You need to list the class(es) that the goods or services fall into. This is referred to as the classification of your goods or services.

Goods and services are divided into 45 classes.

Before you begin, think carefully about the goods or services you want protected by your trade mark. If you make a mistake you will not be able to expand your list of goods or services once you file your application.

Do you offer trademark searching?

Unfortunately, TMO does not provide trade mark search services at this time.

You have a couple of options for searching:

  • You can search for the trade mark you would like to use yourself, on the IP Australia website here.
  • You can get a trade mark expert to complete a search for you and provide you with advice.

Pricing

How much does it cost?

There is a $220 fee per application, plus a $330 fee for each class covered by your application (see Trademarks 101 for more information on classes).

There are no surprises, no hidden fees, and no success or registration fees.

Can I get a refund?

No, unfortunately once your trademark application is submitted the fees are non-refundable. We recommend preparing thoroughly before submitting your application.

Application process

What is the application process?

Apply for your trademark through Trademarks Online – which is submitted to IP Australia within one working day.

TMO will send you confirmation of your application with all of your details and a receipt.

Your application will be examined by IP Australia within three to six months. IP Australia will either issue a examination report objecting to your trademark, or accept your trademark – see next steps below. 

What is an examination report?

An examination report is a formal letter from IP Australia – it details the issues with your trademark application.

You have the opportunity to respond to any of the issues raised within 12 months from the date your application was filed.

If your trademark is objected to, TMO will send you the report and details of how to respond.

What happens if IP Australia accepts my trademark?

If your application is accepted by IP Australia, your trade mark application will be advertised. If there is no opposition to your trade mark within two months, then your application should be registered at a minimum of six months after the filing date.

If your application is accepted by IP Australia, TMO will send your acceptance report to you within one business day.

What is an opposition?

When an application for registration of a trade mark is accepted, the application is advertised. Any person who wishes to oppose the registration of the trade mark can do so within two months from the date of advertisement.

If your application is opposed, TMO will send your report with your options for next steps within one business day.

What is a registered trademark?

In Australia, it’s a trademark that has been submitted to IP Australia examined and approved by them. Once it’s completed all these steps, it’s registered and only then can you use the registered trademark symbol ® 

A registered trademark is valid for 10 years before it needs to be renewed. 

If your trademark is registered, TMO will send your report with details of your registration within one business day. 

Still need help?

Can I speak to someone at Trademarks Online?

If you still need help with your application, please get in touch via our contact page.

What is the Smart Selector?

The Smart Selector helps you create trademark specifications of goods, without the need for lawyers.

The Smart Selector uses AI and machine learning, combined with deep-data to allow simple, fast and accurate creation of specifications of goods.  The Smart Selector ranks and displays the most relevant classes for protection based on a search query, and suggests goods and services to register in each class.

All goods and services suggested by the Smart Selector have been pre-approved by the IP Office. This means the specifications you create should be IP Office compliant, and you’ll avoid the cost and delay arising from IP Office objections where your chosen goods are not pre-approved.