How to lodge a trade mark in Australia

Trade mark registration starts with the right decisions

Before investing in packaging, signage or a new website, ask whether the brand can be protected and whether using it could conflict with somebody else’s rights. A name being available as a business name or domain is not the same as it being suitable for trade mark registration.

Our role is to connect the application with your commercial plans: what you sell, who owns the brand, where it will be used and which parts of the identity matter most.

How MAKIN Advisory can help

• Assess the proposed name or logo and identify issues to investigate before filing.

• Review relevant trade mark searches and explain their practical limitations.

• Identify the appropriate applicant and goods or services to cover.

• Prepare and assist with an Australian application and explain the stages ahead.

• Advise on issues raised during the process, with the scope of any further work agreed separately.

What should you prepare?

Have the exact brand name and logo versions available, along with a clear description of your current products or services and realistic expansion plans. Identify the person or entity using the brand and any designers, founders or previous owners involved. Existing registrations, applications or correspondence from IP Australia are also relevant.

In your initial enquiry, give us a brief overview and any launch date. We can then identify which documents are needed for the work.

Discuss your trade mark application with MAKIN Advisory

A registration should fit the business it protects

Consider a business that sells skincare today but intends to offer training next year. An application focused only on the current product may not address the later service. Conversely, selecting broad class headings without understanding the actual specification can create a false sense of coverage. The useful question is not “How many classes can I buy?” but “Which activities does this application need to protect?”

Ownership deserves the same attention. A founder, operating company and trustee are not interchangeable applicants. Choosing an applicant for convenience can create problems when investment, a sale or enforcement later depends on a clear chain of ownership.

Trade mark application FAQs

How do I lodge a trade mark in Australia?

The application is made through IP Australia. Before submitting, settle the applicant, exact mark and goods or services, and investigate relevant existing marks. After filing, monitor correspondence and deal with any issues raised. Lodgement alone does not mean the mark has been accepted or registered.

Should I register the business name, logo or both?

They can protect different aspects of the identity. A word mark focuses on the wording, while a logo application relates to the particular visual mark. The best approach depends on distinctiveness, how you use the brand and your budget—not an automatic rule that every business needs both.

Does a registered business name protect my brand?

Business-name registration and trade mark protection serve different purposes. Do not treat a business-name or domain registration as confirmation that you have exclusive brand rights or are free to use a similar name in your market.

What are trade mark classes?

Classes organise goods and services. Protection depends on the mark and the specified goods or services, not simply owning a class number. Describe the actual commercial activity accurately and consider foreseeable changes before filing.

Can you guarantee registration?

No. Search results, registrability issues, examination and potential opposition all affect the outcome. Advice helps you understand the risks and options; it cannot remove the assessment undertaken by IP Australia or the rights of third parties.

What affects the cost and timing?

Cost depends on the number of marks, the proposed coverage, the advice and searches required, official fees and any later issues. Timing depends on the application route and how the application progresses. Tell us about your brand and launch plans so we can discuss an appropriate scope rather than quote for an undefined task.

Explore the next step

We assist Gold Coast and Brisbane clients remotely, with in-person meetings by appointment. Enquire about trade mark registration or email sam@makinadvisory.com.au.

Related: Protecting your business IP and Choosing trade mark advice.

Official resources: IP Australia’s application guidance and trade mark search guidance.