FAQ: Trademarks

We offer free legal support line. Registering a Trademark? Have a legal question.

Please contact us +61 3 9832 0660

Trade mark, often called a brand, is the identify of your business and has it own value as well as business products. “What kind of trademark you should protect your business from?” It’s the important question that needs to be asked before jumping into application.
A trademark can be a:

• Word (both in a plain font or a ‘fancy’ font)
• Letter
• Logo
• Picture
• Aspect of packaging
• Phrase
• Or combination of the above

Any individual can lodge a trademark application, include foreign individuals or companies. There is no requirement to be a resident of Australia or be an incorporated entity.

Yes! Non-English words or characters are able to be submitted as a part of a trademark application, however a translation of this will have to be provided at the time of application and be considered during examination stage.

A Trademark is valid for 10 years before the applicant is given the option to pay the renewal fee. Currentl, the renewal fee is $400 per class. This will extend your trade mark protection for another 10 years.

If you've missed your deadline you can pay within 6 months but there'll be late fees. After 6 months, your trade mark will no longer be active and can't be revived.

When you apply to register a trade mark, you must provide a description of the goods or services you use or intend to use your trade mark for. The more goods or services you provide, the more class needs to be selected for full protection.

Goods or services need to be selected from one or more of the 45 classes (groups of goods and services):

• Classes 1 - 34 are for goods
• Classes 35 - 45 are for services

The cost of your trade mark will depend on how many classes you select in your application. To better understand which class your trademark requires, it's essential to perform full search report before application.

Any trademark will have 10 years of protection period, starting date will be traced back to the lodgement day.

There is no potential fee in 10 years.

Be aware that every country has their own Trademark law. So Trademark protection is country specific.

If you apply for a trademark in Australia, it's only protected within Australia. Likewise, a trademark registered in another country, it's only protected in that country. Thus, internationally trademarking is more costing and complicated in general.

If you wish to bring your trademark overseas, it's essential to have it registered in Australia in the first place, then bring it international afterwards by Madrid Protocol.

Please contact us (03) 9832 0660 and seek advise from our trademark specialist.