Trademark Search in Australia

Search your trademark within Australian Trademark Office. Search by Trademark Name, Number or Applicant

Trademark Class Search
Frequently Asked Questions
Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.


If I register my trademark in Australia, do I have protection in other territories?

Yes, your trademark will be valid in Australia and other territories like Christmas Island, the Norfolk Island and Cocos Keeling Islands.

Do I need to sign a Power of Attorney?

No, for filing your Trademark in Australia, you do not need to provide a Power of Attorney. 

Are there any benefits from using a trademark before registering it?

Yes. In Australia, the first to use a mark or the first to file for registration, whichever is earlier, is the authorized and legal owner of the trademark. More so, common law rights are acquired through use of a mark.

Will there be problems in case I don’t use my trademark after registration?

Yes, third-parties may attack you legally on the grounds of non-use. Avoid this by using your registered trademark within 3 years. Take note also that formal application for cancellation of trademark due to non-use cannot be filed until 5 years have already passed from registration date.

What types of trademarks can be registered in Australia?

You may register the following types of trademark: words, names, colors, devices, slogans, certain three-dimensional shapes, sounds, scents, hologram, motion, trade dress, taste, and touch.

What are the phases of application after a trademark has been filed in Australia?

After we have filed your trademark application, the Trademark Office will examine the documents. Several elements will be reviewed such as descriptiveness, distinctiveness, and conflicts with other previous registrations. If any problem is discovered, a notification will be sent to us and we will have to reply to it. After the examination phase, a publication period will be the next step. In this phase, third parties can oppose or contest your trademark registration. In case there are no objections from other companies, then that is the time your trademark will be registered.  

How long is the opposition period?

Two months from the date of publication.

What type of trademarks are not registrable?
  • Generic terms;
  • Names, symbols, flags or of states, regions, nations, or of international organizations;
  • Any marks or signs that are contrary to Australia’s moral standards and/or public order;
  • Sufficient evidence that you are exclusively using the mark in Australia prior to date of application.;
  • Non-distinctive trademarks;
  • Marks that function primarily as surnames. You can have it registered as long as you can demonstrate that it has capability of becoming distinct;
  • Marks that function primarily as geographical names or locations. It can be registered as long as you can demonstrate its capability of becoming distinct.
Does Australia use the "Nice Classification" system?

Yes, Australia does use the "Nice Classification". You can check your trademark class by visiting our Trademark Class Search tool.

Is there any possibility to claim priority in Australia?

Yes, if your home country is a member of the Paris Convention.  If the home application date was filed within 6 months preceding the application in this jurisdiction, it can be claimed as the filing date.

What do I need to do to satisfy the use requirement?

A genuine single sale or one commercial use within the three-year period is sufficient to defeat a non-use complaint.

Once my trademark has been registered, for how many years will be valid?

Your trademark validity will last for 10 years, from the filing date.

What will be the renewal date of my trademark?
Is it legal to use my trademark even if it is not yet registered?

Yes, it is legal to use an unregistered trademark for any goods or services.

Does having a registered trademark in Australia give me any right?

No, it is not required to register a trademark in order to establish right. The "First to Use" jurisdiction gives the person that uses first the trademark full rights over it even if he has not filed for registration.

What is the website of the national trademark office?

You may visit the following website for more information:

Is there any need to use my trademark before I apply for registration?

No, we can file it for you as “Intent to Use”. On the other hand, if you are already using your trademark, we will file it as "actual use."

Can a Trademark Application be opposed?

Yes, it can. Here are some grounds for opposition:

  • Proprietary rights;
  • Conflict in registration, another company has registered the trademark at an earlier date;
  • The mark is too descriptive;
  • The mark is not distinctive enough;
  • The mark is misleading, deceptive or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Well-known mark, rights under Article 6bis of the Paris Convention;
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags and other State emblems);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is scandalous, against public policy or principles of morality.
Who can oppose my trademark application?

Anyone has the right to initiate an opposition.

Is it possible to cancel a trademark registration in Australia?

Yes, it is on the basis of: 

  • Propriety rights;
  • The mark is descriptive;
  • The mark is not distinctive;
  • The mark is deceptive, misleading or disparaging;
  • The mark is functional;
  • Breach of copyright;
  • Rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • Rights under Article 6ter of the Paris Convention (protection of State emblems such as flags, armorial bearings, etc.);
  • The mark is generic;
  • The mark consists of a geographical indication;
  • The mark is against public policy or principles of morality;
  • The mark is contrary to law (including breach of registered design rights).
Are there any rights established by having a registered trademark?

Trademark registration provide the following rights:

  • Exclusive rights to use the registered trademark;
  • The right to file for an infringement case against third-parties that use confusingly similar marks;
  • The right to request for seizure by customs authorities for importation of counterfeit goods.
Is Australia a member of the Madrid System?

Yes. Australia has been a member of the Madrid System since July 2001.

Do I need to present periodic statement of use

No. Australia trademark law does not require it.

When should I renew my trademark?

Within 12 months prior to expiration date.

What will be the renewal date of my trademark?
Is there any documentation that should be presented when renewing a trademark?
If my trademark expires, do I have a grace period?

A grace period of 6 months is provided but you have to pay additional fees.

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