Australian trade mark terms explained

Trade mark

A sign that identifies a business's goods or services. IP Australia lists what it can be: a logo, phrase, word, letter, colour, sound, smell, picture, movement, aspect of packaging, or any combination of these. Trade marks can be registered or unregistered.

IP Australia

The Australian Government agency that administers intellectual property rights for patents, trade marks, design rights and plant breeder's rights. It examines trade mark applications and keeps the trade marks register, which can be searched on Australian Trade Mark Search.

Word mark

A trade mark consisting only of words. IP Australia describes word or phrase trade marks as covering numbers, letters, words or phrases.

Logo mark

A trade mark for a logo, which IP Australia says may just be a picture or may include words. Australian Trade Mark Search lists marks with image elements, with or without words, as figurative.

Application

A request to IP Australia to register a trade mark for particular goods and services. Most are filed through IP Australia's online services, and IP Australia says the form takes about 15 minutes to fill out.

Filing date

The date an application is filed with IP Australia. IP Australia says it usually takes three to four months from the filing date for an application to be examined.

Priority date

The earliest date from which registered rights extend. IP Australia says it is generally the filing date, but it may be earlier when the trade mark has a convention priority claim based on an application overseas.

Goods and services

The particular products and services a trade mark is registered for. IP Australia says the owner only has exclusive rights to use the trade mark for the goods and services listed in the application, and new ones can't be added once it is submitted.

Class

One of the 45 numbered groups IP Australia sorts goods and services into: classes 1 to 34 for goods and 35 to 45 for services. An application names one or more classes, and the fee is charged per class. Our guide to trade mark classes explains how they are chosen.

Pick list

IP Australia's trade mark classification search, which matches goods and services to their classes by keyword. IP Australia's fees page (checked 7 October 2026) lists $250 per class for items chosen from it, and $400 per class for descriptions the applicant writes.

TM Headstart

IP Australia's pre-application service. After a fee of $200 per class, an examiner replies within 5 business days on whether the mark is likely to be registrable, and the applicant then has 5 business days to go ahead with the application, at $130 per class.

Examination

The check of an application by an IP Australia trade mark examiner, who looks at whether it meets the requirements to be accepted. While this happens, Australian Trade Mark Search shows the status "Under Examination".

Examination report

A report from the examiner that identifies issues with an application, with options for overcoming them. IP Australia gives 15 months to respond. An application that isn't accepted lapses.

Acceptance

The examiner's decision that an application meets the requirements. Until it is advertised, Australian Trade Mark Search shows the status "Accepted: Awaiting Advertisement".

Advertisement

The publication of an application's acceptance. IP Australia publishes it for two months on Australian Trade Mark Search, and the opposition period runs from it.

Australian Official Journal of Trade Marks

IP Australia's official publication of trade mark notices, where the details of accepted applications that can be opposed are published.

Opposition

A formal challenge to an application's registration, decided by IP Australia. IP Australia says anyone can question the registration of an IP right. Our guide on how to oppose a trade mark sets out each step.

Opposition period

The two months after an application's acceptance is advertised, during which anyone can file a notice of intention to oppose. Australian Trade Mark Search shows the status "Accepted: In Opposition Period".

Notice of intention to oppose

The first step in an opposition, filed through IP Australia's online services within the opposition period. IP Australia's opposition fees page (checked 7 October 2026) lists $250 per application.

Statement of grounds and particulars

The document setting out the reasons for an opposition. IP Australia says it is filed one month after the notice of intention to oppose.

Notice of intention to defend

The applicant's reply to an opposition, filed within one month of receiving the notice. If it isn't filed, the application lapses.

Registered

The status of a trade mark that is on the register and within its 10-year registration period. A registered trade mark can carry the ® symbol.

Renewal

Paying the renewal fee to keep a registration going. IP Australia says a registration lasts up to 10 years before renewal, and it can be renewed indefinitely. A mark whose renewal fee isn't paid by the due date shows "Expired Renewal Possible" and is removed unless the fee is paid.

Lapsed

An application that ended without being registered, because it wasn't accepted, the registration fee wasn't paid by its due date, or a notice of intention to defend wasn't filed in response to an opposition.

Refused

An application that was rejected because it didn't meet the requirements to be accepted, or whose registration was refused after a successful opposition.

Removed

A registered trade mark taken off the register, for example because the renewal fee wasn't paid or after a non-use action.

Removal for non-use

A request to take a registered trade mark off the register because the owner hasn't used it, hasn't used it in good faith, or never intended to use it. For marks filed on or after 24 February 2019, at least 3 years must have passed since the mark's details were entered on the register; for earlier marks, 5 years from the filing date. The fee is $350.

TM symbol (™)

A symbol that can be used on an unregistered trade mark. IP Australia says it doesn't necessarily mean that rights exist, or that they are registrable or enforceable, and that it doesn't have to be used.

Registered symbol (®)

A symbol that can only be used on trade marks registered under the Trade Marks Act 1995. IP Australia says it doesn't have to be used, and the owner keeps exclusive rights either way. Our guide to TM vs ® compares the two.

Trade mark watch

A service that checks new trade mark applications against names you choose and tells you when a similar one is filed, so you can decide whether to act within the opposition period.