Your brand name or logo is the face of your business infrastructure. However, simply having a registered business name in Australia does not give you legal ownership of that brand. Only a registered Trade Mark (TM) through IP Australia (IPA) provides the exclusive right to use, license, and sell your brand assets. This guide outlines the technical process and the financial risks of incorrect filing.
A trade mark is a sign used to distinguish your goods or services from those of other businesses. Under the Trade Marks Act 1995, registration provides a legal monopoly over that sign within the Australian market. This is distinct from an ASIC business name or a domain name, which offer zero protection against competitors using similar branding.
Before filing with IP Australia, you must decide the visual scope of protection. You have three primary choices:
If you change your logo later but have a word mark registered, you are still protected. If you only register a specific icon and then change it, you may need to file a new application and pay additional fees.
IP Australia uses the "Nice Classification" system, which divides goods and services into 45 distinct classes. This is the most common point of failure for DIY applicants.
Filing a trade mark is not a flat-fee service. Government fees are charged per class. As of 2026, the minimum submission fee is approximately $250 - $400 AUD per class (roughly $170 - $300 USD). If your business spans multiple sectors—such as software (Class 9) and consulting (Class 35)—you will pay for both. If IP Australia identifies an error in your application, you do not get a refund; you must pay again to fix it.
TM registration is not instant. The process generally takes between 7 to 15 months. This includes examination and a 2-month opposition period where other businesses can challenge your claim. Rules at IP Australia change frequently; what was acceptable in 2024 regarding "descriptive terms" may be rejected in 2026.
Because of the technical complexity and the "no-refund" policy of IP Australia, engaging a consultant or a registered agent is an investment in risk mitigation. A mistake in the initial assessment or a failure to handle an "Adverse Report" from the IP Australia examiner can kill your registration before it begins.
We provide a technical filing service for Australian businesses to ensure your brand is anchored correctly. Our $500 USD service includes:
Note: For complex litigation or appeals, we advise having a local Brisbane attorney ready; we will inform you immediately if your case requires legal counsel.
Start Your Brand Protection →No. Trade marks are territorial. An Australian registration only protects you within Australia. You must file via the Madrid Protocol or individual country offices for international protection.
Your application may be refused or your registration later challenged or cancelled. Your brand also remains vulnerable to "squatting" by competitors in the correct class.