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 that’s registrable

Your trademark should be original and distinctive or used for products and services which are not likely to be confused with similar trademarks.

When setting up a new business, make sure to come up with a completely unique business name or brand. Here are some good tips for creating a strong trademark.

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
  A word trademark could be a business name, product name or slogan such as:

TWITTER        NIKE       Just do it.

• Logo trademarks
  These may be images with or without words, such as these logos:

Determine the trademark owner

A trademark can be owned by:

• an individual

• two partners

• a company

• one or more of the company owners

• other legal entities, such as an incorporated society.

It is possible to transfer ownership of a registered trademark.

Select the category

Trademarks must be registered for specific products and services, which are divided into 45 categories or trademark classes.

The classification system allows similar trademarks to be registered for different goods and/or services by different companies.

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)

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. 

How to apply

In four 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 to get a trademark in Australia?

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.

1. if your trademark application is accepted

2. if your application faces an objection to the wording of the goods services, we’ll fix it for no charge!

3. if your trademark application receives other objections, we’ll let your know your options

4. 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 six 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.