DIY Trade Mark Registration
The TradeMark Factory has developed a unique online application that allows you to file your application directly through our website – no login, no lawyers. Once submitted, we take care of your application through to registration.
Our online application form has been designed to make filing your trade mark simple. We have designed our application form to tap into IP Australia’s list of goods and services but unlike our competitors, if you have any questions or are not quite sure if you are doing the right thing, with one click you can ask us to prepare the application for you.
Protecting your trade mark couldn’t be easier!
Why Choose Us?
We have over 25 years experience in Australian and international trade mark law and we are experts in our field. We most likely know what you don’t when it comes to trade marks, so let us help you get your trade mark protection right from the get go.
LOW FIXED FEES
We might be lawyers but we don’t charge like them. Our online application process allows us to keep costs lower than any of our competitors without compromising on the quality of our service.
FRIENDLY, RELIABLE & FAST
Every trade mark application is checked by our experienced lawyers and processed within 24 hours. If we think your trade mark will run into problems, we will let you know before we file it. It is looks good, we will file it. It is that simple. No logins required, no fuss.
Frequently Asked Questions
What is a trade mark?
A trade mark or brand is your unique business identifier. It lets the public know that the goods or services attached to the mark are unique to your business. Trade mark registration is therefore an invaluable asset and essential marketing tool for your business and should not be overlooked.
How long does it take to register a trade mark in Australia?
It will take no less than 7.5 months to get your trade mark registered in Australia. This is provided your trade mark is not rejected by IP Australia nor opposed by another party.
What is the process for registering a trade mark in Australia?
Once your trade mark is filed, it will be examined by IP Australia. It usually takes 4-6 months for the examiner’s report to be issued although it is possible to speed up this process to 4-6 weeks under certain circumstances.
The TradeMark Factory will file your trade mark using the Headstart process which means we will receive a preliminary assessment for your application from IP Australia within 7 working days.
If your application is accepted without objection or we are able to overcome any objections raised, the application will be advertised in the Australian Official Journal of Trade Marks for a 2 month period whereby anyone can oppose your application if they are concerned about its registration.
If no opposition is filed within the 2 month opposition period, your application will proceed to registration. Once registered, it will remain so for 10 years.
Do I need to use my trade mark?
In order to maintain your trade mark, you should use it on the goods and services for which it is registered.
If you do not use your trade mark within the 3 years after your trade mark is entered on the Register, it may be vulnerable to removal for non-use.
Why register your trade mark?
A trade mark registration is the only way to gain exclusive rights to use the name or logo. Company, business and domain name registrations do not provide this right. Therefore, trade mark registration provides security that you and only you own the name in relation to your products.
What are the advantages of registering a trade mark?
- Exclusivity – When you register your name or brand as a trade mark, you obtain the exclusive rights to use the name or brand.
- Australia wide coverage – An Australian registered trade mark provides you with protection for the mark throughout Australia.
- A valuable business asset – A registered trade mark is property or an asset of your business. As with any property, a trade mark can be sold.
- More control of your brand – A registered trade mark allows to you license the use of your registered trade mark much easier than an unregistered mark.
- The right to stop others from using your brand – With a registered trade mark , you can stop someone from using your brand without authorisation more quickly and easily than without a trade mark registration.
- The right to use the ® symbol – Once you trade mark is registered, you can use the ® symbol with your mark which puts others on notice of your rights.
How do you register your trade mark?
Simply complete the online application form here or contact The TradeMark Factory on 02 9499 9229.
Can I do some pre-filing searches myself?
While we always recommend that you have a search carried out by a professional trade mark lawyer, some countries provide access to their official trade mark databases. Links to these databases are:
- IP Australia – Australian Trade Mark Database
- IPONZ – New Zealand Trade Mark Database
- USPTO – US Patent and Trademark Office
- WIPO – Global Brands Database (covers trade marks filed via the Madrid Protocol and their designated countries; over 100 countries)
- TM View – EU national IP offices, the European Intellectual Property Office and a number of international partner offices outside the EU
- UK Intellectual Property Office – UK Trade Mark Database
- ASEAN TMView – ASEAN Member States
Our clients say
The TradeMark Factory were great to deal with from start to finish. The process was transparent, clear and easy for us as the business owners, and great value for money. We would not hesitate to refer this company for any trademarking requirements to others.
— GWOP Apparel
Natalie has proven to provide sound and clear advice on how to expand and develop our brands both here in Australia and internationally. Natalie's strengths are in her outstanding knowledge of Australian and international trade mark law and her ability to understand our trade marking needs on a commercial level. Natalie is responsive to our instructions and offers great value for money with her competitive and transparent fees. I would highly recommend Natalie and her tam to whoever require IP legal services here and abroad.
— Patricia Richards – General Manager, Standard Communications Pty Ltd (GME)
We have worked with Natalie and her team concerning our domestic and international trade mark matters for around 10 years. Natalie has assisted SumoSalad through a number of brand evolutions and has continued to manage our portfolio seamlessly throughout the years. Natalie provides clear and succinct advice on all of our IP matters, including the development of new brands for our business and commercially focused strategies concerning brand direction and registrability issues. I would most certainly recommend Natalie and her team for IP legal services.
— Luke Baylis – Found and CEO, SumoSalad
It has been a pleasure dealing with Natalie throughout our various legal endeavours. On a professional level, Natalie has always provided sound and prompt advice no matter how difficult or convoluted our matters may be. Her attention to detail, fair and transparent rates and ability to deliver results to our business is greatly appreciated. As a fellow lawyer, I greatly appreciate the efforts and lengths Natalie goes to in ensuring our business needs are satisfied. I would definitely recommend, with confidence, Natalie and her team to whoever requires the services of a trade mark lawyer.
— Shadi Harb – In-House Counsel, Seagrass Boutique Hospitality Group
I have been impressed with Natalie's determination in understanding the commercial objectives behind strategic business decisions which may impact the way intellectual property is managed. This approach enables Natalie to advise holistically, often preempting potential issues. TMF offers exceptional service at very competitive rates and focuses more on achieving the best outcome for a client than in generating unnecessary fees. Great working with you, Natalie. Thank you.
— Franz D’Lima – Group General Counsel GreenLight Clinical Pty Ltd
Natalie has shown great professionalism in all the dealings we have had with her. I found Natalie to be extremely knowledgeable and provide clarity to many complex applications we have had over the years. I would recommend Natalie and the team for any individual or company seeking a trustworthy and reliable service
— Brad Hales – National Marketing Communications Manager, Uniden Australia Pty Ltd