# Trademark registration in Australia

> Trademarks in Australia are registered with the IP Australia (IPA); the official standard application using the picklist fee is AUD 250 per class, and third parties can oppose within 2 months from advertisement of acceptance. A registration lasts 10 years from the filing date and can be renewed. Australia can be designated through the Madrid System.

Source page: https://trademarkshub.com/trademarks/australia
Facts checked against official sources: 2026-10-11

## Key facts
- **Trademark office:** IP Australia (IPA)
- **Official fee:** AUD 250 — Standard application using the picklist (per class)
- **Madrid Protocol:** Member since 2001
- **Opposition period:** 2 months from advertisement of acceptance
- **Protection:** 10 years from the filing date, renewable
- **Multi-class applications:** Allowed
- **Foreign applicants:** Applicants must have an address for service in Australia or New Zealand

## Official links
- Trademark office: https://www.ipaustralia.gov.au/trade-marks
- Online filing: https://portal.ipaustralia.gov.au/login
- Official trademark search: https://search.ipaustralia.gov.au/trademarks/search/quick
- Law: Trade Marks Act 1995 (Cth) — https://www.legislation.gov.au/C2004A04969/latest/text

## Official fees (as of 2026-10)
- Standard application using the picklist (per class): AUD 250 — online filing
- Standard application without the picklist (per class): AUD 400 — online filing, own description of goods/services
- Series trade mark application using the picklist (per class): AUD 400
- Series trade mark application without the picklist (per class): AUD 550
- Postal application (per class): AUD 450
- TM Headstart request (per class): AUD 200 — optional pre-application assessment
- TM Headstart conversion to standard application (per class): AUD 130

## Steps
1. Search the Australian Trade Mark Search database for earlier identical or similar marks.
2. Choose between a standard application and the optional TM Headstart pre-assessment service.
3. File online through IP Australia's online services portal, listing goods/services by class (the picklist lowers the fee).
4. An IP Australia examiner examines the application, usually within 3 to 4 months of filing.
5. If accepted, the mark is advertised on the Australian Trade Mark Search and is open to opposition for two months.
6. If unopposed (or the opposition fails), the mark is registered; the earliest possible registration is about seven months after filing.

- **Examination:** IP Australia examiners examine the application on absolute and relative grounds, usually within 3 to 4 months of filing.
- **Publication:** Acceptance is advertised in the Australian Official Journal of Trade Marks, available through the Australian Trade Mark Search.
- **Opposition:** 2 months from advertisement of acceptance
- **Timeline:** At least 7 months from filing to registration if there are no objections or oppositions (IP Australia).
- **Late renewal:** 6 months after expiry, with an additional late fee
- **Power of attorney:** No power of attorney is generally required to be filed.
- **Language:** English
- **Use requirement:** a registration can be challenged after 3 years of non-use.

## Good to know
- Using IP Australia's goods/services picklist reduces the application fee to AUD 250 per class (AUD 400 per class without it).
- TM Headstart lets applicants get an examiner's preliminary assessment before committing to a full application.
- Ownership of a mark can be based on prior use, so an earlier user may defeat a later application or registration.
- A registered mark can be removed for non-use if it has not been used for a continuous period of three years.

## FAQ
### How much does it cost to register a trademark in Australia?
IP Australia's official fee for a standard online application is AUD 250 per class using the picklist, or AUD 400 per class with your own description of goods/services.

### How long does trademark registration take in Australia?
Examination usually takes 3 to 4 months, and a mark cannot be registered sooner than about seven months after filing because of the two-month opposition period.

### Is Australia part of the Madrid Protocol?
Yes. The Madrid Protocol has been in force for Australia since 11 July 2001.

### How long does an Australian trademark last?
Registration lasts 10 years from the filing date and can be renewed for further 10-year periods, with a 6-month late-renewal grace period.

### Can a foreign company register a trademark in Australia?
Yes, but it must provide an address for service in Australia or New Zealand, usually through a local trade marks attorney.

## Sources
- IP Australia - Trade marks: https://www.ipaustralia.gov.au/trade-marks
- IP Australia - Timeframes and fees: https://www.ipaustralia.gov.au/trade-marks/timeframes-and-fees
- IP Australia - How to apply for a trade mark: https://www.ipaustralia.gov.au/trade-marks/how-to-apply-for-a-trade-mark
- IP Australia - Trade mark price calculator: https://www.ipaustralia.gov.au/trade-marks/timeframes-and-fees/trade-mark-price-calculator
- Trade Marks Act 1995 (Federal Register of Legislation): https://www.legislation.gov.au/C2004A04969/latest/text
- WIPO - Madrid Protocol contracting parties: https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=8
- WIPO Madrid information notice 7/2026 (Australia individual fee): https://www.wipo.int/documents/d/madrid-system/information-notices-en-2026-madrid_2026_7_e.pdf

Need a firm that files in Australia? Find one at https://trademarkshub.com/trademarks/australia (TrademarksHub lists IP firms by country; featured placements are paid and labelled).
General information, not legal advice.