The 5 Key Steps to Registering a Trade Mark in Australia 2026

21 January, 2026

So, you’ve submitted your trade mark application — what’s next?

Many clients ask us:

“How long does it take?”
“Will I get notified?”
“What if someone objects?”

This article walks you through each stage of the Australian trade mark registration process, so you’ll know exactly where your application stands — and what to expect.

Step 1 – Filing Confirmation

Once your application is lodged with IP Australia, you’ll receive an official filing receipt. This confirms that your application:

• Has been accepted for processing

• Includes a unique application number and filing date

• Lists all your trade mark and applicant details

You can think of this as your starting checkpoint.

Step 2 – Examination (Usually within 3–4 months)

A trade mark examiner will review your application under the Trade Marks Act 1995.
They’ll check:

• Is the trade mark distinctive?

• Does it conflict with earlier marks?

• Are the goods/services descriptions suitable?

Outcomes:

• Accepted: The mark moves to the publication stage.

• ⚠️ Objection (Adverse Report): You’ll have 15 months to respond.
  We will guide and prepare a strong legal response on your behalf, if needed.

Step 3 – Publication & Opposition (2-month window)

If accepted, your trade mark is published in the Australian Official Journal of Trade Marks.

From here:

• A 2-month opposition period begins

• Any third party can oppose your mark (e.g. if they believe it’s too similar to theirs)

If opposition arises:

Don’t worry — we will handle the communication and represent you in the opposition process.

If no one objects, the trade mark proceeds to registration.

Step 4 – Registration (Typically around 6–8 months from filing)

Once the opposition period ends (and no objections remain), your trade mark will be officially registered.

You’ll receive:

• A Certificate of Registration

• Legal rights to use the mark across Australia in connection with your goods/services

The trade mark is valid for 10 years, and can be renewed indefinitely every decade.

Step 5 – Post-Registration Support

Trade mark protection doesn’t end at registration. We help you:

• Monitor for copycats or infringements

• Enforce your rights if needed

• Handle renewals, ownership transfers, and updates

We’re with you for the entire brand journey.

 At-a-Glance Timeline:

 Questions?

If you’ve just filed, rest assured — your application is in motion. We’ll keep you updated at every stage.

Want to track your progress or ask a question?
Contact Us or simply reply to our email: ngan.tran@maygusttrademarks.com.au