Australia · Registration guide

Trademark registration in Australia

Get the legal owner and intended use right, and distinguish acceptance from registration.

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Prepared by Trademarkora · Official sources checked 7 September 2026

The short answer

What should you know before filing in Australia?

Prepare an Australian application around the correct legal owner, the mark and the goods or services on which it will be used. IP Australia examines the application, then acceptance is published for opposition. An accepted application is not yet a completed registration. [1]

Do you need an Australian address?

For direct filings, provide an address for service in Australia or New Zealand where legal documents can reach you. An agent may supply it. New Zealand is an accepted service-address location, not an additional territory covered by an Australian registration. Madrid holders should check local response requirements when a notice arrives. [2][3]

Rule update to know

IP Australia records that the notice-of-intention-to-defend reform commenced on 19 December 2025, increasing the response period to two months. Check the particular notice rather than reusing an older response template; this reform did not turn the application opposition window into three months. [6][1]

Resolve the application choices early

Ownership and application scope are business decisions worth settling before the form is submitted.

Filing choices for Australia: situation, decision and practical implications
Your situation	What to decide	Why it matters
Using a trading name or trust	Identify the legal owner	A business name is not itself the applicant. For a trust, identify the trustee or trustees. Check that company identifiers match the entity actually named. [1]
Preparing a launch	Confirm genuine intended use	The application should reflect the goods or services you intend to supply under the mark. Explain the planned activity rather than gathering unrelated classes for possible resale. [1][2]
Considering early examiner feedback	Distinguish TM Headstart from filing	TM Headstart is a pre-application assessment route. The initial assessment is not the formal application; review the formalisation step and its date before assuming priority has been secured. [1]

On a small screen, scroll the comparison horizontally. Numbered references open the official source.

Example: founders launching through a new company

Confirm whether the individual founders or the incorporated company will own the brand. Gather the exact legal name before requesting filing approval, then make the same owner and product scope visible in the instructions and proposed application.

Plan New Zealand protection →Prepare a goods and services scope →

Prepare for a useful review

Use the legal owner and keep New Zealand in a separate column

Australian and New Zealand protection are separate market decisions. Start with ownership and territory, then compare filing routes.

Identify the person or company that will own the mark, rather than supplying only a business or trading name.
List the actual Australian goods/services and the New Zealand activity if expansion is planned.
If you want TM Headstart, ask for its specific route and scope to be confirmed; the standard published package does not by itself select that process.

Planning example — not a client case

Hypothetical example: a founder trades under a shop name through a company and plans sales across the Tasman. Put the company identity, the brand artwork and each market's launch plan in separate fields. That makes owner and territorial assumptions visible before filing.

Editorial preparation guidance added 9 September 2026. Individual requirements and any legal conclusion need professional review.

How much does trademark registration in Australia cost?

For the agreed mark, applicant, classes and filing route, the published all-in package covers the normal process through initial registration, including standard professional work and government application and registration fees, when there is no office action, refusal or opposition. Responses to objections or disputes, changes to the agreed scope and post-registration maintenance are quoted separately.

Published all-in filing prices

1 class: $399
2 classes: $798
3 classes: $1,197
4+ classes: Exact Quote

One trademark, one applicant, standard direct electronic filing; standard government filing fee included; country-specific standard item limits apply.

Review current pricing and scope →

Standard package

Application preparation, goods and services wording, filing-quality review, approved electronic filing and standard completion through initial registration, within the agreed scope.

Separate when needed

Non-standard official fees, translations, notarisation, objections, opposition and later maintenance are outside the standard scope unless expressly included.

IP Australia offers different application routes, with costs affected by the route and class count. Check what the agreed filing package includes before comparing totals. A pre-application assessment, formal filing and later contested proceedings are different pieces of work. [1]

From application to registration

1
Prepare and file
Provide the legal owner, mark representation and goods or services. A valid application needs to satisfy the filing requirements; avoid treating a saved draft as a filed application. [2]
2
Examination
IP Australia considers the application against registration requirements. Read any examination report promptly and distinguish the response deadline from the later opposition period. [1]
3
Acceptance and opposition
Acceptance is published with a two-month opportunity to oppose registration. Registration follows if no opposition blocks it. Do not confuse this period with the separate deadline for defending an opposition. [1][6]

Our service planning reference is 7–9 months for a straightforward application. This is not an official average or a deadline commitment. Document preparation, examination, objections or opposition can change the total time.

Prepare your application

This is our service-preparation checklist, confirmed 6 September 2026. It is separate from the official eligibility and procedural rules linked in this guide; requirements depend on the applicant and filing route.

Documents & details

Trademark details, including the applicant’s name and address, the mark, and the goods or services.
A scan of the business licence or personal ID.

Planning & records

Filing acknowledgement estimate: 1–3 working days
Certificate format: Electronic certificate

A filing acknowledgement is not a registration. Confirm the final checklist and schedule before approving a filing.

Direct application or Madrid designation?

Direct application

A direct application is filed with IP Australia for Australian protection. Review a separate New Zealand application if both markets matter; one country's service address does not create rights in the other. [2][3]

International & neighbouring markets

Madrid provides another route for eligible applicants with a basic application or registration. The designated office still decides protection under its own law. Check that the same mark, owner and goods or services fit the international application, rather than assuming WIPO registration means approval in Australia. [3]

The published filing prices on this page describe the standard direct application scope. A different route, additional territory or unusual requirement needs its own scope confirmation.

Compare countries and registration routes →

Keeping the registration in force

Renewal is due every ten years, with a six-month late-renewal period under IP Australia's rules. Keep the actual due date and service address current; do not plan to rely on the late period. [4]

Non-use over a defined three-year period can support removal proceedings. Filing-date and other statutory conditions matter, so it is not an automatic cancellation on an anniversary. Keep evidence of real Australian use for the covered goods and services. [5]

Keep the owner’s details, actual use records and renewal dates organised. A dispute or official notice needs its own review; it is not included automatically in a standard filing.

Sources & editorial notes

Prepared by Trademarkora. Official sources checked on 7 September 2026. Numbered links beside a rule open its supporting source.

Package prices come from Trademarkora’s current pricing release. Operational checklists and planning estimates come from our confirmed application reference, not official processing statistics. Where a current official timing indication is shown, it is separately labelled and linked.

Know your next step before you commit

Tell us the mark, your target country or region and what you sell. The free preliminary professional check helps decide whether to proceed, modify the plan or stop. You decide whether to purchase filing services after the review.

Start free check for Australia

No payment or government filing at this step.