Filing intellectual property in Australia
IP Australia is one of the fastest and most predictable offices in the world, with an optional pre-filing headstart assessment and no attorney requirement for the applicant.
- Office
- IP Australia
- Language
- English
- Local currency
- AUD
- Opposition
- 2 months from advertisement of acceptance
- Term
- 10 years from the filing date
- Renewal
- Every 10 years; late renewal possible within 6 months with a surcharge
Fees & timelines by right
| Right | Official fee | Our fee | All-in | Timeline |
|---|---|---|---|---|
| Trade Mark / Brand Name | $250 | $229 | $479 | 7–12 months |
| Service Mark | $250 | $229 | $479 | 7–12 months |
| Trade Name / Business Name | $45 | $119 | $164 | 1–2 weeks |
| Patent | $370 | $1,290 | $1,660 | 18–30 months |
| Utility Model / Petty Patent | Not available — IP Australia operates no registry for this right | |||
| Copyright | $0 | $99 | $99 | Automatic — no registry |
| Industrial Design | $180 | $520 | $700 | 3–6 months |
| Geographical Indication & Collective Marks | $280 | $650 | $930 | 10–18 months |
| Trade Secret & Confidentiality Programme | $0 | $590 | $590 | 2–4 weeks to implement |
Indicative single-class / single-application rates in USD. Your live quote confirms the exact amount before payment.
Who can file & on what basis
- Standard direct application
- TM Headstart pre-assessment (optional, faster feedback)
- Madrid Protocol designation of Australia
Local agent: Not mandatory. Ascen Mark supplies the required Australian address for service.
What we need from you
Requirements
- Applicant name, ABN/ACN where applicable
- Australian address for service
- Goods/services by Nice class
- Intention to use the mark in Australia
Documents
- Logo file for device marks
- Priority document where applicable
- Evidence of use if overcoming a distinctiveness objection
Affidavits, resolutions & authorities
Executed papers this office expects — who signs them, how they must be witnessed, notarised or legalised, and the deadline for lodging them.
Address for service in Australia or New Zealand
Provided by our appointed Australian address-for-service; no POA is required by IP Australia.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- At filing
- Applies to:
- All IP types
Statement of entitlement
Declaration of how the applicant derives title from the inventor(s) — employment, assignment or agreement.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- Before acceptance
- Applies to:
- Patent, Utility Model / Petty Patent
Declaration of use / honest concurrent use (if cited)
Statutory declaration evidencing continuous prior use, sales figures and advertising, used to overcome s.44 citations.
- Execution:
- Signed before a witness
- When:
- Only if an adverse report issues
- Applies to:
- Trade Mark / Brand Name, Service Mark, Trade Name / Business Name, Geographical Indication & Collective Marks
Formality requirements change and are applied at each registry's discretion. This checklist is preparation guidance, not legal advice — your appointed local agent confirms the final list before filing.
How the filing runs
- 1
Clearance
Australian Trade Mark Search screening for identical and deceptively similar marks.
- 2
Filing
Online filing; per-class fee. Headstart gives an examiner opinion within 5 business days.
- 3
Examination
Typically 3–4 months; adverse reports get a 15-month response window.
- 4
Advertisement
Accepted marks are advertised with a 2-month opposition period.
- 5
Registration
Registration dates back to the filing date.
Use, renewal & status tracking
Use requirement
Registration can be removed for non-use after 3 years from the date entered on the register.
Registry status sync
Live — IP Australia data syncs status and opposition/renewal deadlines automatically.
Common pitfalls
- Missing the Australian address for service stalls correspondence
- Geographic and surname marks face distinctiveness objections
- Headstart is per-class and non-refundable once assessed
Ready to file in Australia?
Run a free name check first, or start a filing with a fixed quote.
This guide is general information about Australia procedure, not legal advice. Official source: https://www.ipaustralia.gov.au