Guide to Australian trade marks
A complete guide for founders, small businesses and creative entrepreneurs
Everything an Australian founder needs to know about registering a trade mark in 2026 - written by a lawyer, in plain English. Read the summary on this page or download the full guide for free below:
What a trade mark actually is (and isn't)
A trade mark is a registered legal right over a brand identifier — usually a name, but it can also be a logo, a sound, a shape, or a tagline — within a specific category of goods or services.
It is not the same as a business name (that just lets you trade under a name), a company name (that just creates a company), or a domain. None of those give you the legal right to stop someone else from using your brand. Only a registered trade mark does that.
A common conversation I have: a founder has an ABN, a Pty Ltd, a domain, and an Instagram handle, and assumes they own the name. They don't. They own the right to operate, but not the right to exclude.
→ Section 1 of the full guide unpacks the difference in detail.
The five steps to register a trade mark in Australia
Decide what you're protecting. The trade mark is the thing customers recognise you by — the brand name, the logo, the tagline. Pick the one that matters most. You can file separate applications for each.
Pick your classes. Australia uses the Nice Classification system — 45 classes covering different goods and services. You file in the class (or classes) that match what you actually sell, and your protection only extends to those classes. Get this wrong and your registration won't cover what you're actually doing.
Run a clearance search. Search the IP Australia register for similar marks in the same or related classes. If something close already exists, your application is at risk. This is the step most DIY founders skip — and the step most cease-and-desist letters trace back to.
File the application. You have two routes: TM Headstart (a pre-assessment service from IP Australia, around $200 per class) or a standard application (around $330 per class for online filing). Headstart gives you a preliminary opinion before you commit; standard just files.
Wait through examination, acceptance and opposition. An examiner reviews your application around 3–4 months in. If accepted, it's published for two months for anyone to oppose. If unopposed, it registers. Start to finish: around 7–9 months for a clean application.
→ Sections 3 and 4 of the full guide walk through each step.
How much does it cost?
Government fees (approximate at time of writing - check IP Australia for current rates):
TM Headstart: ~$330 per class
Standard application: ~$200 per class
Professional fees vary. A fixed-fee single-class straightforward application with a lawyer is typically $1,000–$1,500, more for multiple classes or anything contentious. A written review without filing usually sits below that.
There are no hidden ongoing fees. Trade marks renew every ten years and can stay registered indefinitely.
How long does it take?
For a clean application with no examiner objections and no opposition, expect 7–9 months from filing to registration. Add 2–6 months if you receive an examiner's report you need to respond to. Add another 3+ months if there's an opposition.
You receive a certificate from IP Australia and your mark sits on the register for ten years before renewal is due. From here, you can use the ® symbol, license the mark to others, assign it (sell it), and enforce against infringers.
→ Section 7 of the full guide covers post-registration in detail
When to DIY and when to get help
You can DIY when: the name is highly distinctive (made-up, not descriptive), there are no obvious conflicts on the register, you're filing in a single class, and you're comfortable navigating examiner correspondence if it comes.
Get help when: the name is descriptive of what you sell, there are similar marks on the register, you're filing across multiple classes, you've received any kind of opposition or examiner report, or you're protecting something where getting it wrong is expensive — a brand you're already trading under, a name you've raised capital around, a product about to launch.
→ Section 5 of the full guide includes a decision tree.
Get the full 2026 founder's guide
Twenty-six pages, written by an Australian lawyer, free.
Covers everything in this article in depth - plus the 20-minute trade mark check, the top five mistakes I see founders make, an FAQ, a glossary, and what working with Tempo looks like if you decide you'd like help.
How to register a trade mark in Australia
If you've just Googled "how to register a trade mark in Australia" you're in good company. It's one of the most common things founders ask once a business starts to feel real - once there's a product, a client base, or a name they don't want to lose.
This article walks through the process at a working level: what a trade mark actually is, the five steps to get one, what it costs, how long it takes, and how to tell whether you can DIY it or whether you should get help.
For the full version - outlining the searches, the class strategy, the FAQ, the glossary, and the mistakes I see founders make most often - grab the full 2026 founder's guide. It's free, written by an Australian lawyer, and it's the document I wish more clients had read before they started.
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