Trade Mark Registration in Australia
Everything you need to know — from what a trade mark is, to how to get one.
What is a trade mark?
A trade mark is the legal protection for your brand name, logo, or slogan. Once registered, you have the exclusive right to use it in Australia for the goods and services you sell, and the legal standing to stop others from using something similar.
Someone else can register it first, and you'd have limited recourse.
Do I need one?
If any of these apply, yes:
A registered trade mark is a business asset. It appears on your balance sheet and adds value if you ever sell.
How long does it take?
You can file with Marko in minutes. IP Australia then takes approximately 7.5 months to process and register your trade mark. Your brand is legally protected from the date you file, not the date it's registered.
What does it cost?
A$740 all-in through Marko. This includes the IP Australia government fee and full licensed Trade Mark Attorney review and filing. No hidden costs.
The registration process — step by step
You apply
MinutesThrough Marko in minutes — our Trade Mark Attorneys review and file within 1–3 business days.
IP Australia examines
~7 monthsIP Australia reviews your application for conflicts and issues.
Acceptance & publication
2 monthsIf accepted, your mark is published for 2 months so third parties can oppose.
Registration
10 years, renewableIf no opposition, your trade mark is registered. Valid for 10 years, renewable indefinitely.
What categories do I file in?
Trade marks are filed in categories called classes — each covers a different type of goods or services. You need to file in the right classes to make sure your brand is properly protected. Most small businesses need one or two classes.
What can go wrong?
IP Australia may raise an objection if your mark is too similar to an existing one, or too descriptive of your goods and services. Our Trade Mark Attorneys handle these responses on your behalf. Complex objections may incur additional fees — we'll always discuss this with you before proceeding.
Common questions
What does it actually cost to register?
A$740 all-in through Marko for one class. That includes the IP Australia government fee, review by a licensed Trade Mark Attorney, and filing. If your business needs more than one class, we'll show you the exact cost before you pay — there are no hidden fees or surprise charges later.
How long does the whole thing take?
Filing takes minutes. IP Australia processing takes approximately 7.5 months — around 7 months of examination, then a 2-month publication window before registration. Your brand is legally protected from the date you file, not the date it's registered, so there's no advantage in waiting.
What happens if someone objects to my application?
There's a 2-month opposition window after your mark is accepted and published. Oppositions are uncommon for most small business applications, and if one is raised our Trade Mark Attorneys handle the response on your behalf and keep you informed at every step.
Do I need to renew it?
Yes — trade marks last 10 years from the filing date and can be renewed indefinitely in 10-year blocks. There's nothing you need to do in between, and we'll remind you well before your renewal is due so your protection never lapses.
What if someone copies my brand after I register?
You have legal standing to enforce your trade mark — from a cease-and-desist letter through to formal proceedings if it comes to that. Our trade mark attorneys can advise on the right approach for your situation, and with a registration in place most disputes resolve quickly.
Check if your brand name is available — free
It takes minutes, and a licensed Australian trade mark attorney reviews everything before anything is filed.
Start your application