TRADEMARK APPLICATION FILING IN
Australia

In Australia, trademark protection is governed by the Trademarks Act 1995, which draws on common law use based rights to protect the interests of trademark holders. IP Australia, the government agency responsible for managing the country’s intellectual property system, plays a key role in overseeing this process. IP Australia established the IPA Ventures team, focused on creating a modern, scalable, and sustainable framework for the future to drive innovation and strengthen the IP landscape. As the leading authority on intellectual property, IP Australia adheres to the "first to use" principle when registering trademarks. Additionally, as a member of the WIPO Madrid System, Australia simplifies the trademark application process for businesses, enabling them to file international applications effortlessly with just one click.

The trademark registration in Australia can be filed either through the online portal or via offline mode.

Multi-class trademark applications are allowed in Australia.

The requirements for filing of trademark application are as follows:

• Name, nationality and address of the applicant;
• Mark (Logo/device/word etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document it must be submit along with the relevant documentation within two days.

In Australia, there are two main ways for applying for a trademark. The first option is through TM Headstart, a pre-application service designed for those new to the process. The second option is the standard application, suited for those with more experience in trademark registration. Once TM application is filed, it undergoes an initial examination. If the examiner identifies any issues or deficiencies, the applicant will be notified. The applicant will then have five days to make the necessary corrections based on the examiner's feedback. After the adjustments, the application will be re-examined to ensure it meets all the required criteria. If the examiner is satisfied with the application, it will be accepted.

However, if there are still issues, then the applicant will receive a detailed report explaining the concerns. The applicant will then have 15 months to resolve any outstanding issues. Once the application is accepted, it is published in the Australian Official Journal of Trade Marks, where it will be open for opposition for a two-month period. If no opposition is raised within said timeline, the trademark is officially registered.

Once the examiner approves an application, it is published in the Australian Official Journal for a two month period. During this time, third parties have the opportunity to file an opposition outlining the specific grounds for their objection. The notice of opposition must be submitted within two months from the publication date. The applicant will then have one month to file counter statement in response. Afterward, both parties exchange evidence to support their claims. At the conclusion of the evidence exchange, either party may request a hearing. If no hearing is requested, the Registrar will make a decision based only on the written submissions provided.

In Australia, a trademark registration is valid for a period of ten years. The trademark must be renewed within 12 months prior to the expiration date to extend the protection for another decade. However, if the renewal is not submitted on time, a six-month grace period is allowed during which the renewal can still be processed, subject to an additional surcharge.

A trademark registration may be cancelled if the trademark has not been used for a continuous period of three years from the filing date. The applicant must provide formal evidence in the form of a declaration to prevent cancellation.

The process of registering a trademark in Australia normally takes about seven months in a straight forward cases.  

Australia is the world’s 14th largest economy, and its trademark activity reflects a growing culture of innovation. In 2023, the country recorded 81,524 trademark applications with filings continuing to rise year after year. Notably, applications from overseas applicants increased by 1.5%, while resident filings grew even faster at 9.8%. Guided by a strong commitment to innovation and prosperity, IP Australia continues to build a world-class intellectual property system. This focus is backed by significant investment in the 2018–19 fiscal year alone, Australia spent $34 billion on research and development, underscoring the nation’s dedication to innovation and long-term economic growth.