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A trademark is a legally protected sign that identifies your business as the source of certain goods or services. It can be a name, logo, tagline, phrase, shape, sound, colour, or even a combination of these elements. In Australia, a registered trademark gives you exclusive rights to use that mark for the specific goods or services you nominate. This means your brand becomes a legally recognised asset that you can license, sell, or enforce if someone tries to copy or misuse it.

You can trademark a wide range of brand elements, including business names, product names, logos, taglines, phrases, shapes, sounds, colours, and even certain packaging styles. The key requirement is that your trademark must be distinctive and capable of identifying your goods or services. Generic or descriptive terms usually can’t be registered unless they have gained strong recognition in the marketplace.

Registering a trademark is the only way to gain exclusive ownership of your brand in Australia. Without a registered trademark, anyone can use a similar name or logo, and you have limited legal grounds to stop them. A registered trademark protects your brand from competitors, copycats, and look-alike businesses. It also strengthens your credibility, increases your business value, and ensures you can confidently expand, advertise, and grow without worrying about infringement issues.

Yes. Registering a business name with ASIC does not give you ownership or exclusive rights. It simply allows you to trade under that name. Only a registered trademark gives you the legal power to stop others from using a similar name or branding. Without a trademark, another business could register your name as their trademark and legally force you to rebrand, even if you’ve been using the name longer.

The full trademark process in Australia typically takes around seven months, depending on IP Australia’s examination timeline. After your application is submitted, it enters a review period where IP Australia checks for conflicts, compliance, and eligibility. If no issues are raised, your trademark proceeds to acceptance and then a mandatory two-month opposition period. Once that period passes without objections, your trademark becomes fully registered and protected for 10 years.

However, you can request an expedited (fast-tracked) examination if you meet certain criteria. While exact timelines vary, expedited examination typically reduces the wait from months to weeks. Additional fees are applicable should you want to speed up the process.

Once your application is submitted, our specialist team reviews it to ensure it meets IP Australia’s requirements and has the best chance of approval. We then lodge it with IP Australia, who examine it for conflicts, eligibility, and compliance. You’ll receive updates at each stage, including examination outcomes, acceptance notices, and final registration confirmation. If any issues arise, our team guides you through the next steps.

A registered trademark in Australia lasts for 10 years from the date you file your application. You can renew it indefinitely every 10 years, meaning your brand can be protected for the lifetime of your business. As long as you renew on time, your trademark remains active and enforceable, giving you long-term security and peace of mind.

If a similar or identical trademark already exists, your application may face objections or rejection. That’s why a trademark check is essential before applying. Our team reviews existing trademarks, identifies potential conflicts, and advises you on your options. In many cases, small adjustments or strategic class selections can help you avoid issues and still protect your brand effectively.

A trademark class is a category that groups together specific types of goods or services. When you apply for a trademark in Australia, you must choose the class (or classes) that match what your business sells or provides.

You can begin using your trademark once your application is lodged and approved. After full registration, you gain exclusive rights to use it for your goods or services, giving your brand complete legal protection. At Namecorp, we don’t just register your trademark, we help bring your brand to life with professional websites, branded materials, and marketing support.

Absolutely, you can draft your own class description, and in many cases it’s the best way to ensure your trademark accurately reflects what your business actually does. In order to draft your own class description when applying for a trademark, you must describe the exact goods or services your business provides. While IP Australia offers standard wording, you’re also allowed to write your own custom class description as long as it clearly explains what you sell or deliver. A custom description helps ensure your trademark covers your real-world activities and gives you stronger, more accurate protection. If required, our specialist team can draft one for you for an additional fee of $450.

Our trademark form guides you through everything you need. Just tell us the word, logo, or tagline you want to protect, describe the goods or services it covers, and enter your basic business or personal details.