How to get a trademark
How to get a trademark
Trademarks Online is a leading self-service trademark application service. You can file your online trademark application yourself using our platform, powered by artificial intelligence. It will be filed with the Australian IP Office (IP Australia), to protect your trademark in Australia.
Our online trademark filing process is the fastest, easiest way to protect your brand in Australia.
What to trademark
If you're wondering, "Should I trademark my brand and logo?" or "Can I trademark a phrase or slogan?", the answer is yes for all of these. All the elements that make up your brand identity and differentiate your products, services or business from your competitors, should be trademarked. We firmly believe that every business should protect its brand assets with trademark registrations. We're committed to simplifying the application process for you and helping you successfully register your trademarks.
How to trademark your name
You can trademark a word(s), trademark a phrase or slogan, or trademark a logo. Your trademark won't be registrable if an identical or confusingly similar trademark has already been registered for the same or similar goods or services, or if it is a generic term, typically used in your industry. If you are not sure about how to get a strong trademark that is likely to be approved, you are welcome to get in touch with us.
Once your trademark application is assessed, the IP Office cannot refund your examination fee. It is therefore vital to prepare thoroughly before submitting your application.
Create a distinctive trademark
Be Unique
Avoid descriptive terms. Instead of 'Cold Beer', use a unique name like 'Frosted Hops'.
Be Distinct
Ensure your brand doesn't sound or look like existing major trademarks in your sector.
Invent Words
Coined words like 'Kodak' or 'Exxon' have the strongest legal protection possible.
Decide on the type of trademark
The following are the most common types of trademarks — and applying for a trademark registration online for these kinds of marks is usually straightforward. Make sure you understand the definition of a trademark and how to get a trademark that is registrable.
Word trademarks
Protects the text itself regardless of style, font, or color.
Logo trademarks
Protects a specific graphic design, stylized text, or combination of image and words.
Determine the trademark owner
A trademark must be owned by a legal entity. This can be:
Select the category
Our smart technology will guide you through the process of choosing the most appropriate products and services for your business.
You should also select goods and services which you may use in the future so that you can easily expand your brand offerings and protect your brand against the competition. Be resolute about what you may want to register your trademark for, but also be realistic.
You should be aware that you pay for each class that you include in your application. Refer to the pricing page for details.
For example:
KIT KAT is registered for chocolate products (class 30)
ADIDAS is a registered trademark for athletic shoes (class 25), travel bags (class 18), and sporting equipment (class 28)
A business may register a trademark that's the same as an existing trademark, if it covers completely different products and the IP Office concludes that there is not likely to be any consumer confusion. To illustrate this:
SAFARI is registered by the global computer company, Apple, for software (class 9) and by Goodyear for tyres (class 12)
How to apply
In three easy steps, that only take minutes, Trademarks Online empowers you to submit your application for a trademark registration online:
Now that you know how to get a trademark, are you ready to submit your trademark registration online?
How long does it take?
After you apply, Trademarks Online will take care of everything. We will submit your trademark application to IP Australia within one business day and we'll send you email updates at each stage of the process.
- If your trademark application is accepted
- If your application faces an objection to the wording of the goods or services, we'll fix it for no charge!
- If your trademark application receives other objections, we'll let you know your options
- When your trademark is registered, we'll send you the good news with the trademark registration certificate and details of how to renew your trademark later.
It will take at least seven months or more from the date of application for your trademark to be registered by IP Australia. (Note that IP Australia is currently experiencing an examination backlog, which means that it can take six or more months before your application is even examined.)
How long will it take to get my trademark? This article and its flowchart diagram explain the process your application will follow in more detail.
While your application is being processed, you can use the superscript symbol ™ with your trademark. You can only use the registered trademark ® symbol after your trademark is registered.
Trademark registration is a legal process that requires time for government examination and public notification. On average, the process takes a minimum of 7+ months.
Stay Informed — We provide regular email updates at every stage, so you never have to wonder about the status of your brand protection.
7+
MONTHS
Standard Australian examination period
Are you ready to file your application?
Take the first step towards securing your brand identity today with our expert-guided automated filing system.
