Register your Trade Markwith expert lawyers

A trade mark is a form of intellectual property protection in Australia that lets you secure exclusive rights to a recognisable sign, design or expression associated with your brand. This could include a business name, logo, slogan, or even a specific sound or shape that distinguishes your products or services from those of competitors.

Registering a trade mark gives you the exclusive right to use, license and protect that brand element across Australia. It can help prevent others from using similar signs or designs that may cause confusion or dilute your brand identity.

You can apply for a trade mark to protect different parts of your brand, such as:

• Business names
• Logos and symbols
• Catchphrases or slogans

A trade mark can help build brand recognition and add value to your business by establishing a clear and legally enforceable identity.

Registering a trade mark is important if you want to protect unique parts of your brand, such as your business name, logo or slogan. Some key reasons a trade mark can be valuable include:

1. Exclusive rightsA successful trade mark application gives you exclusive rights to use your brand name, logo or catchphrase across Australia for 10 years. This means others cannot legally use the same or a similar mark for similar goods or services without your permission. You can also renew your trade mark every 10 years to maintain these rights.
2. Brand protectionRegistering a trade mark can help you enforce your rights against others who try to use your brand name or logo, including businesses from overseas. This helps protect your brand identity and reduce the risk of others copying your brand elements.
3. Legal deterrentA registered trade mark can deter others from using a similar name or logo. Knowing you have legal rights may discourage potential infringements and help protect your business reputation.
4. Adds value to your businessA trade mark can become a valuable business asset as your brand grows. It may increase the value of your business, support expansion into new markets, and make your business more attractive to investors or buyers.
5. Peace of mindRegistering your trade mark can give you confidence that your brand is legally protected, so you can focus on growing your business.

In short, registering a trade mark can help you build and protect your brand, secure legal rights, and strengthen the value of your business. It’s worth considering as early as possible.

TM Headstart is a fast-track service offered by IP Australia. It helps assess whether your trade mark is likely to face any issues during the registration process before you lodge a full application.

It can be useful because trade mark applications are a significant investment, and applications with errors are non-refundable. TM Headstart helps reduce the risk of costly mistakes by identifying potential issues early, so you can save time and money.

TM Headstart is a two-step process, and our trade mark lawyers can guide you through each stage:

1. Part 1: Application stage
   • You submit an initial application to IP Australia.
   • This does not guarantee registration, but it can highlight any barriers to approval.
   • If issues are identified, you can revise your application or decide whether to proceed.
2. Part 2: Public trade mark application
   • If you choose to continue, the next step is filing the full trade mark application for public consideration.
   • Once filed, it usually takes around three to four months for IP Australia to review the application and provide a decision.

Using TM Headstart can give you a clearer idea of your trade mark’s chances of success. Our team can help strengthen your application and guide you through any issues that come up.

In Australia, a trade mark registration lasts for 10 years from the filing date. After that, you can renew it for further 10-year periods as long as you pay the renewal fees.

There is no limit to how many times you can renew a trade mark, so you can keep your registration active indefinitely if you renew it on time. If you need help managing renewals or keeping your trade mark active, our lawyers can assist.

Our fixed-fee Trade Mark Headstart Packages start at $500 + GST. This includes an application to register your trade mark, phone consultations with a Sprintlaw lawyer, and IP Australia fees associated with registering your trademark.

This process typically involves the following:

1. We’ll hold an initial consultation to make sure you have all the information needed to proceed with the application.
2. We’ll apply to IP Australia using TM Headstart to register 1 trade mark in 1 class for you.
3. If Step 2 is successful, we’ll apply to IP Australia for a 10-year trade mark registration on your behalf.

We handle everything by phone, email and video call, so you never need to visit an office. Once you request a quote, one of our legally trained consultants will get back to you within one business day with a fixed-fee proposal. If you accept, we will pair you with a specialist lawyer who will guide you through the process. All documents are delivered digitally, and you can communicate with your lawyer in the way that suits you best. It is the same quality legal advice you would get from a traditional firm, just without the commute, hourly billing surprises or the formality.

We operate completely online, so we can help you wherever you are in Australia. We work from The Commons Central, a co-working space in Chippendale, Sydney, and our lawyers also work flexibly across various locations.