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Country trademark guide · Updated

Trademark registration in Australia

To register a trademark in Australia, file with IP Australia or designate Australia through the Madrid System. Fees are per class: AUD 250 with goods picked from the official Picklist, AUD 400 with your own wording. The address for service must be in Australia or New Zealand, and registration takes effect from the filing date.

Order online · Australia trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (Australia selected) Get a trademark search report first

Five questions first

Which route?File directly with IP Australia if you only need Australia or want an examiner's view before filing; designate Australia through Madrid if you already have a home application or registration and want several countries.Details ↓What do I need?The applicant's name and address, an address for service in Australia or New Zealand, the mark, and goods or services chosen from the Picklist. No evidence of use is needed.Details ↓How are official fees charged?Per class: AUD 250 with Picklist goods, AUD 400 with your own wording; there is no separate registration fee. Service fees are quoted after you submit the order.Details ↓How long does it take?Official guidance: first examination result usually within 3–4 months; if nobody opposes within the 2-month opposition period, the mark registers. At least 7 months from filing to registration.Details ↓What are the main risks?Lack of distinctiveness and conflict with earlier marks are the most common objections. If the application is not accepted within 15 months of the first examination report, it lapses.Details ↓
Key facts

Trademarks in Australia: key facts

OfficeIP Australia. Website and search links: IP Toolbox.
LawTrade Marks Act 1995; procedure and fees in the Trade Marks Regulations 1995
Madrid SystemMember since 11 July 2001; Australia can be designated through Madrid
Eligibility and address for serviceThe applicant must reside in Australia or New Zealand or appoint an agent who does; the address for service must be in Australia or New Zealand
UseYou need a genuine intention to use the mark when you apply; no evidence of use is required
Ownership and earlier useRegistration gives the exclusive right, but the system is not simply first-to-file: the first person to use a mark in Australia for the goods concerned is treated as its owner, and can oppose your application on the ground that you are not the owner (section 58). Where nobody has used the mark, the first applicant is usually the owner
Multi-class applicationsAllowed; fees are per class and lower for Picklist goods. After filing you cannot add classes or widen the goods
Pre-application serviceTM Headstart: an examiner assesses the mark before you file, with a report within 5 business days (official service standard)
Examination time (official guidance)First examination result usually within 3–4 months; IP Australia publishes current waiting times weekly, and Madrid designations usually take a little longer than direct applications
Examination report response (statutory)The application must be accepted within 15 months of the first examination report or it lapses; monthly paid extensions are available
Opposition (statutory)Notice of intention to oppose within 2 months of the acceptance being advertised, then a statement of grounds and particulars within 1 further month
Term and renewal10 years from the filing date, with registration taking effect from the filing date; renewal can be filed in the 12 months before expiry, with a 6-month grace period after expiry
Non-use (statutory)Once the registration has been entered on the Register for 3 years, anyone can seek removal for 3 consecutive years of non-use in Australia (for marks applied for on or after 24 February 2019)
Filing feeAUD 250 per class online with Picklist goods, or AUD 400 with your own wording (since 1 October 2020); no separate registration fee

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to protection in Australia. They differ in prerequisites, fee structure, the pre-filing assessment option and dependency risk.

ItemDirect filing with IP AustraliaMadrid designation of Australia
PrerequisiteNoneA basic application or registration at your office of origin
Official feesAUD 250 per class (Picklist) or AUD 400 (own wording), paid to IP AustraliaBasic fee and an Australian individual fee (per class, in Swiss francs; see the WIPO fee calculator) paid to the World Intellectual Property Organization (WIPO)
Pre-filing assessmentOptional TM Headstart: see the examiner's view first, then decide whether to fileNot available
Address for serviceNeeded from filing, in Australia or New Zealand; if you appoint an agent, the agent provides itNot needed to file through WIPO; needed in Australia or New Zealand once you deal with IP Australia, for example to answer a provisional refusal
Examination time (official guidance)First examination result usually within 3–4 monthsUsually a little longer than direct applications; see IP Australia's weekly waiting times
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Australian designation falls with it (it can be transformed into an Australian national application within 3 months of the cancellation being recorded by WIPO)
Best forYou only need Australia; you want a pre-filing assessment; you have no home filing to rely onYou already have a home filing and want protection in several countries

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to IP Australia, prepare the following information and documents. Signed documents such as a power of attorney are provided following the agent's instructions.

Applicant

  • Name (for a company, its full legal name as registered). The applicant must be an individual or a company with legal personality; a business name or a partnership as such cannot apply
  • Address and contact details

Address for service

  • An address in Australia or New Zealand; if you appoint an agent, the agent provides it

The mark

  • Word mark: the wording
  • Figurative or combined mark: a clear image
  • Several versions of the same mark can be filed together as a series, with fees charged at the series rate
  • Marks containing non-Latin characters need a transliteration into Latin letters and an English translation

Goods and services

  • List them by Nice class, choosing from IP Australia's official Picklist wherever possible: each class then costs AUD 150 less than with your own wording. You can look them up by class in Australian trademark classification table on this site
  • After filing you cannot add classes or extend the goods beyond the original scope, so list everything at the outset

Filing basis

  • A genuine intention to use the mark is enough; no evidence of use is required
  • Earlier application filed abroad: priority can be claimed within 6 months

With TM Headstart, the filing date is the date you convert the request into an application (the third step), not the date of the pre-application request.

Find your class

Australian trademark classification table (IP Australia Picklist)

The Australian classification table on this site organises the English entries of IP Australia's list of goods and services (the Picklist) under the 45 Nice classes: 64,249 entries in total.

When filing in Australia, choose standard wording from it wherever you can: each class costs AUD 150 less than with your own wording, and you are less likely to be asked to amend it during examination. Before filing, check again in IP Australia's official Picklist. Click a class below to see its entries.

AU01 ChemicalsAU02 Paints and varnishesAU03 Cosmetics and cleaning preparationsAU04 Industrial oils, greases and fuelsAU05 PharmaceuticalsAU06 Metal goodsAU07 MachineryAU08 Hand tools and implementsAU09 Scientific and electronic apparatusAU10 Medical apparatusAU11 Lighting, heating and air conditioningAU12 VehiclesAU13 Firearms and explosivesAU14 Jewellery and watchesAU15 Musical instrumentsAU16 Paper and stationeryAU17 Rubber and plastics goodsAU18 Leather goodsAU19 Building materialsAU20 FurnitureAU21 Household and kitchen utensilsAU22 Ropes, nets, bags and tentsAU23 Yarns and threadsAU24 Textiles and fabricsAU25 Clothing, footwear and headwearAU26 Lace, haberdashery and ornamentsAU27 Carpets, mats and wall hangingsAU28 Toys, games and sporting goodsAU29 Meat, fish, dairy and preserved foodsAU30 Staple foods, coffee, tea and confectioneryAU31 Agricultural and fresh produceAU32 Beers and non-alcoholic beveragesAU33 Alcoholic beveragesAU34 Tobacco and smokers' articlesAU35 Advertising and businessAU36 Finance, insurance and real estateAU37 Construction and repairAU38 TelecommunicationsAU39 Transport and storageAU40 Treatment of materialsAU41 Education and entertainmentAU42 Scientific and technological servicesAU43 Food, drink and accommodation servicesAU44 Medical, beauty and agricultural servicesAU45 Legal, security and personal services

Open the Australian trademark classification table →

How long

Process and timeline

Example: a direct online application with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search for similar marks (IP Australia's free TM Checker is a good first check) and choose the goods from the Picklist

  2. Step 2

    Filing

    File and pay online to receive an application number; with TM Headstart, the pre-application report arrives within 5 business days

  3. Step 3

    Examination

    First examination result usually within 3–4 months (official guidance)

  4. Step 4

    Examination report response

    If any: the application must be accepted within 15 months of the first report; paid extensions are available (statutory)

  5. Step 5

    Advertisement of acceptance

    Published in Australian Trade Mark Search, with a 2-month opposition period (statutory)

  6. Step 6

    Registration

    With no opposition, the mark registers after the opposition period: at least 7 months from filing, with effect from the filing date

You can request expedited examination with a declaration giving the reasons (for example, an imminent product launch or pending litigation), but registration still takes at least 7 months from filing. Opposed applications are decided by an IP Australia hearing officer and take considerably longer.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are charged per class and paid at filing; there is no separate registration fee. Picklist goods cost AUD 150 less per class than your own wording. The table below shows IP Australia's current fees.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (online, goods/services selected from the Picklist, per class)Per class250 AUD≈ USD 175
Payable when applicable
Application fee (online, own description of goods/services, per class; replaces the Picklist fee)Per class400 AUD≈ USD 280
Series trade mark application fee (online, Picklist, per class; instead of the standard application fee)Per class400 AUD≈ USD 280
Series trade mark application fee (online, own description, per class; instead of the standard application fee)Per class550 AUD≈ USD 385
Adding a class after filing (allowed only in rare cases, per added class)Per class450 AUD≈ USD 315
TM Headstart request (step 1, per class; instead of a standard application)Per class200 AUD≈ USD 140
TM Headstart: change of trade mark representation after the assessment (per class)Per class150 AUD≈ USD 105
TM Headstart: adding classes after the assessment (per added class)Per class200 AUD≈ USD 140
TM Headstart: conversion to a standard application (step 3, per class)Per class130 AUD≈ USD 91
Keeping the registration
Renewal fee (paid online, every 10 years, per class; plus AUD 100 per month if renewed within 6 months after expiry)Per class400 AUD≈ USD 280

Source: IP Australia, Trade mark timeframes and fees；IP Australia, Pre-application service (TM Headstart)；IP Australia, How to renew my IP right · current fees in force since 2020-10-01 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: an online application covering 2 classes, all with Picklist goods, costs 2 × AUD 250 = AUD 500 in official fees at filing; with your own wording it costs 2 × AUD 400 = AUD 800.

With TM Headstart, the pre-application assessment costs AUD 200 per class and converting it into an application AUD 130 per class, so from AUD 330 per class in total; changing the representation or adding classes after the assessment costs extra.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Australia and common refusals

These are the most common issues in Australian examination, along with Australian rules that are easy to overlook.

Goods left out cannot be added later

After filing you cannot add classes or widen the goods beyond the original scope: if you only listed "shoes", you cannot add "hats" during examination. Own wording not taken from the Picklist costs AUD 150 more per class and is more likely to be queried.

Address for service in Australia or New Zealand

This is a legal requirement (Trade Marks Act, section 215). Foreign applicants usually use a local agent's address; if you designate Australia through Madrid, you also need an address in Australia or New Zealand to deal with IP Australia.

Acceptance within 15 months

The application must reach acceptance within 15 months of the first examination report, or it lapses. Monthly paid extensions are available, and examination can be deferred in some cases, for example while a cited earlier mark is still pending.

Opposition in two steps

Within 2 months of advertisement, the opponent files a notice of intention to oppose, then the grounds and particulars within 1 month. The applicant must file a notice of intention to defend in time, or the application lapses.

Distinctiveness, earlier marks and earlier users

Words that describe the goods, common phrases, place names and common surnames cannot be registered, and conflict with an identical or similar earlier mark is the most common objection. A party that used the same or a substantially identical mark in Australia before you can also oppose on ownership grounds. Check with TM Checker before filing; if the mark has been used, evidence of use can help it be accepted.

Removal for non-use after 3 years

Once the registration has been on the Register for 3 years, anyone can apply to remove it for 3 consecutive years of non-use in Australia. Although registration takes effect from the filing date, these 3 years run from entry on the Register.

Get a trademark search report: can your mark be registered in Australia?

Sign in, enter the mark and goods and submit a preliminary search; charged per search, with the report delivered to your account and email.

Get a search report
After registration

Keeping the registration

Australian registrations need no periodic declarations of use, but they can be removed for non-use, and the registration ends if you miss the renewal grace period.

WhenWhat to doOfficial fee (per class)
From 3 years after entry on the RegisterKeep using the mark genuinely in Australia and keep evidence; after 3 consecutive years of non-use, anyone can apply for removalNone
Within 12 months before expiry, then every 10 yearsRenew online; renewal takes effect immediatelyAUD 400
Within 6 months after expiryRenew in the grace period; the registration does not lapseRenewal fee plus AUD 100 for each month or part of a month
Any timeRecord assignments and changes of name or address with IP AustraliaVaries

IP Australia sends a renewal reminder 2 months before the due date, but renewing on time remains the owner's responsibility.

Once registered, you can lodge a Notice of Objection with the Australian Border Force (ABF) so that suspected infringing goods can be seized on import; e-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in Australia

How much does an Australian trademark cost?

Official fees for online applications are per class: AUD 250 with Picklist goods, AUD 400 with your own wording, and no separate registration fee. For example, 2 classes with Picklist goods cost AUD 500; with TM Headstart, from AUD 330 per class. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Australian trademark registration take?

According to IP Australia, the first examination result usually comes within 3–4 months; current waiting times are published weekly, and Madrid designations usually take a little longer. After acceptance the mark is advertised for 2 months and registers if nobody opposes: at least 7 months from filing, longer with examination objections or an opposition.

Do foreign applicants need an address in Australia?

Yes. The address for service must be in Australia or New Zealand; IP Australia and any opponent send documents there. It is usually provided by a local agent, and your own address can be outside Australia.

What is the Picklist and how should I word the goods?

The Picklist is IP Australia's official list of goods and services, arranged in the 45 Nice classes with more than 60,000 entries. Choosing from it saves AUD 150 per class and means fewer requests to amend the wording. You can browse the entries by class in Australian trademark classification table on this site; if you are unsure, the agent will settle the wording with you after you submit the order.

Is TM Headstart worth using?

It suits a first application, or a mark you are unsure will pass: you pay AUD 200 per class, an examiner assesses the mark within 5 business days, and you can amend it before deciding whether to convert it into an application (AUD 130 more per class). Each step has a 5-business-day limit, after which the request lapses; the filing date is the date of conversion.

Is Australia a first-to-file country?

Not simply. Registration gives the exclusive right, and where nobody has used the mark the first applicant is usually the owner. But the first person to use a mark in Australia for the goods concerned is treated as its owner, and can oppose a later application on the ground that the applicant is not the owner. If you already sell in Australia, file early; if someone used the mark there before you, take that into account before filing.

Other IP rights

Patents: Australian standard patents are examined by IP Australia, with annual renewal fees, for up to 20 years (up to 25 years for pharmaceutical patents); PCT applications can enter the Australian national phase.

Designs: registered designs last up to 10 years, with one renewal due after 5 years. Australia is not party to the Hague Agreement, so Australia cannot be designated through the Hague System; file directly with IP Australia.

Patent applications are handled through an affiliated patent agency.

IP news: Australia

Other countries and territories in the region

New Zealand　·　Indonesia

Downloads

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Order online · Australia trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (Australia selected) Get a trademark search report first

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