How to Register a Trademark in Australia: A Step-by-Step Guide for Brisbane Businesses

Secure Your Brand. Strengthen Your Future.

Your brand is more than just a name or logo — it’s your reputation, your promise, and your competitive edge. Protecting it through trademark registration is one of the smartest investments you can make as a Brisbane business owner.

At Greyson Legal | Brisbane trademark lawyers we guide clients through every stage of the trademark process — from initial searches to application, acceptance, registration and ongoing brand protection — ensuring you can focus on growing your business with confidence.

What Is a Trademark?

A trademark is a sign used to distinguish your goods or services from others in the marketplace. It can be:

• A business name or product name

• A logo or symbol

• A slogan or tagline

• Even a sound, shape, or packaging style

Registering a trademark gives you exclusive legal rights under the Trade Marks Act 1995 (Cth) to use, license, and enforce your brand identity throughout Australia.

Why Register a Trademark in Australia?

Even if you’ve registered your business name or domain name, this doesn’t automatically give you trademark rights. Trademark registration provides:

• Exclusive ownership – the right to use your mark nationwide for your nominated goods or services

• Legal protection – the ability to stop others from using a confusingly similar mark

• Commercial value – your trademark becomes an asset that can be licensed, sold, or franchised

• Brand confidence – investors and customers recognise your brand as secure and professional

The Trademark Registration Process (Step-by-Step)

Step 1: Conduct a Trademark Search

Before filing, it’s essential to check whether your proposed trademark is available. At Greyson Legal, we conduct comprehensive trademark searches across various databases and secondary sources to:

• Identify any similar or conflicting marks

• Assess distinctiveness and registrability

• Reduce the risk of rejection or opposition

Step 2: Choose the Right Classes

When you apply for a trademark, you must classify your goods and services using the Nice Classification system.This determines the scope of your protection — for example:

• Class 25 for clothing

• Class 35 for advertising or retail services

• Class 43 for hospitality or cafés

Choosing the wrong class can limit your protection or invalidate your rights. Our lawyers ensure your application is correctly classified to align with your commercial objectives.

Step 3: File the Application with IP Australia

Once the searches and classifications are complete, Greyson Legal prepares and files your trademark application with IP Australia.We ensure:

• All required details are accurate and complete

• Ownership and entity structures are correctly stated

• The application reflects your brand’s commercial scope

Fixed-fee options are available to keep the process clear and predictable.

Step 4: Examination by IP Australia

After filing, IP Australia examines your application — typically within 3 to 4 months — to ensure it meets all legal requirements.If the examiner raises any objections (e.g., the mark is descriptive or too similar to an existing one), we:

• Review and analyse the examiner’s report

• Prepare written submissions and legal arguments

• Liaise directly with IP Australia to resolve issues

Our goal is to help you overcome any objections efficiently and maximise your chances of successful registration.

Step 5: Advertisement & Opposition Period

If the application passes examination, it’s advertised in the Australian Official Journal of Trade Marks for a two-month opposition period.During this time, third parties can object to your mark being registered. If opposition arises, Greyson Legal helps you respond strategically to protect your rights.

Step 6: Registration and Renewal

If no opposition is filed — or if it’s successfully resolved — your trademark proceeds to registration. You’ll receive a certificate of registration valid for 10 years, renewable for a further 10 years.

How Long Does It Take to Register a Trademark in Australia?

The process typically takes 6 to 9 months from filing to registration, depending on any examination or opposition issues. With professional guidance from Greyson Legal, most applications proceed smoothly with minimal delays.

How Much Does Trademark Registration Cost?

Trademark registration costs depend on:

• The number of classes you choose

• Whether you are seeking a word mark and/or image mark

• Whether you use standard filing or Headstart pre-assessment

• Any additional legal advice or responses to examiner objections

Greyson Legal offers transparent fixed-fee pricing for Brisbane businesses — helping you protect your brand affordably and efficiently.

How Greyson Legal Helps

As trusted Trademark Lawyers in Brisbane, we provide end-to-end services:

• Trademark clearance searches

• Application preparation and filing

• Responding to IP Australia examiner reports

• Managing oppositions and disputes

• Liaising with the IP Australia in relation to registration.

  
  

Whether you’re a startup, established business, or franchisor, we tailor our trademark strategy to your goals.

Ready to Protect Your Brand?

Don’t leave your brand exposed. Speak with Greyson Legal Trademark Lawyers Brisbane for clear, practical and strategic advice on securing your business identity.

📞 24-Hour Hotline: 0411 248 885📧 Email: mail@greysonlegal.com🌐 Website: www.greysonlegal.com