Insights · Trademarks
Trademark Registration in Australia
Registering a trademark with IP Australia (the Australian Trade Marks Office) secures exclusive rights to your brand across the country. Australia works on an intention-to-use basis, so you can apply before you have sold a single product, and an optional pre-check called TM Headstart lets an examiner review your mark before you formally commit.
What this registration gives you
A registered trademark with IP Australia covers all of Australia — every state and territory — from a single application. It gives you the exclusive right to use the mark for the goods and services you register, and to act against others who use a confusingly similar sign within that scope. Protection stops at the border: to cover other countries you file separately in each one, or use the Madrid System with IP Australia as your office of origin.
What it costs in 2026
| Online application, with picklist | AUD 250 per class |
| Online application, without picklist | AUD 400 per class |
| Paper / postal application | AUD 450 per class |
| Series mark (with picklist) | AUD 400 per class |
| Series mark (without picklist) | AUD 550 per class |
| Add a class after filing | AUD 450 |
| Renewal, online | about AUD 400 per class |
Figures are official IP Australia application fees per class. The AUD 450 ‘add a class’ figure applies only when you add a class to an application after it has been filed — it is not the paper rate and not a surcharge on classes at filing. At filing, each class using picklist terms costs AUD 250.
Is this cheap? It depends on how you measure it. AUD 250 per class is a moderate official fee for protection across an entire national market the size of Australia. But the cost scales with the number of classes you choose, and each additional country you want to cover means a separate filing or a Madrid System designation with its own fees. Compared with registering country by country across several markets, a single Australian application is economical for reach within Australia — just budget realistically for every class and every territory you actually need.
Done for you
Prefer to have it handled?
From the clearance search to filing and opposition defence, Rabbit Marketing can manage your trademark end to end — in the EU and, through the Madrid System, worldwide. Tell us your brand and the goods or services it covers, and we will send you a tailored proposal.
Request a quote → Book a consultation →Filing basis and the TM Headstart pre-check
Australia files on an intention-to-use basis. You do not need to prove use in commerce, and no Declaration of Use is required to reach registration, so you can secure your mark early. The trade-off: once registered, a mark can be challenged for non-use under section 92 after three years.
A distinctive Australian feature is TM Headstart, an official pre-application service. An examiner assesses your proposed mark — usually within about five business days — and flags likely problems before you file the formal application, so you can adjust or rethink early. Note that every applicant must provide an address for service in Australia or New Zealand.
The process, step by step
- Optional TM Headstart. Ask an examiner for a pre-application assessment of your mark, returned in around five business days, to spot issues before you commit.
- File the formal application online. Submit the mark, the owner details, an Australian or New Zealand address for service, and your chosen classes of goods and services.
- Examination (typically 3–4 months). IP Australia checks formalities, distinctiveness under section 41, and conflicts with earlier marks under section 44.
- Respond to any adverse report. If the examiner raises objections, you have up to 15 months to overcome them and gain acceptance.
- Acceptance and publication. Once accepted, the mark is advertised, opening a two-month window in which third parties may oppose.
- Registration. If no opposition succeeds, the mark proceeds to registration — overall, expect a minimum of around seven months.
The classes trap
Your classes are locked in at filing
Australian fees are charged per class, and the classes you pick at filing are effectively fixed. You cannot quietly add a class to a registered mark later — broadening to a new class means a new application, or paying the AUD 450 ‘add a class’ fee while the application is still pending. Choose too narrowly and you may leave part of your business unprotected; choose carelessly and costs climb fast.
There is a second, quieter cost. Using IP Australia’s picklist of pre-approved goods and services terms keeps each class at AUD 250. Writing your own wording instead pushes the same class to AUD 400. Plan your classes and your wording carefully before you file.
Keeping the mark alive
An Australian registration lasts 10 years from the filing date and can be renewed indefinitely in further 10-year terms. Online renewal is about AUD 400 per class. If you miss the renewal date, there is a six-month grace period — non-extendable and subject to a surcharge — after which the registration can lapse.
Remember that registration does not end the duty to use the mark: an unused registration stays open to a non-use challenge under section 92 once three years have passed.
For your brand
Built on first-hand experience
Rabbit Marketing does not only advise on trademarks — we hold our own registered EU trademarks and have direct, hands-on experience of EUIPO opposition proceedings, including matters involving major multinational companies. That means we read these filings the way an owner does, not just an observer. We help you clear, file and protect a brand across the offices that matter to you.
Talk to us about your brand →FAQ
Questions, answered
Do I need to be using the trademark before I apply?
No. Australia files on an intention-to-use basis, so you can apply before selling anything. There is no use-in-commerce proof or Declaration of Use required to register. After three years, however, an unused mark can be challenged for non-use under section 92.
How long does registration take?
Examination typically takes 3–4 months, followed by publication and a two-month opposition window. With no objections or oppositions, expect a minimum of around seven months overall. An adverse report can extend this, as you have up to 15 months to gain acceptance.
What does it cost to register?
The official application fee is AUD 250 per class online using IP Australia's picklist of pre-approved terms, or AUD 400 per class if you write your own wording. Paper applications are AUD 450 per class. Costs scale with the number of classes you file.
Does an Australian trademark protect me in other countries?
No. Registration covers all of Australia only. For other countries you file separately in each, or use the Madrid System with IP Australia as your office of origin.
What is TM Headstart?
TM Headstart is an official pre-application service: an examiner reviews your proposed mark, usually within about five business days, and flags likely issues before you file the formal application, giving you a chance to adjust.
Sources
Where this comes from
- IP Australia — Trade mark timeframes and fees
- IP Australia — Pre-application service: TM Headstart
- IP Australia — Trade marks
Research date: June 2026. Official fees and procedures change periodically — confirm current figures on the relevant office’s website before you file. This is general information, not legal advice. Company and brand names are used for editorial reference only and imply no affiliation with Rabbit-Marketing OÜ.
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