The Trade Mark Application Process

1. Trade mark application 2. Next up: Top-up examination 3. Claiming priority for additional applications 4. The ™ symbol 5. Scam Letters

1. Trade mark application

Now your trade mark application has been filed, your trade mark is on its way to registration.

But there’s a few more steps before it's registered.

This guide will outline things to consider and next steps in the trade mark application process.

2. Next up: Top-up examination

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As your trade mark application was initially subjected to the TM Headstart process, examination has effectively been conducted for your trade mark.

However, the Office will conduct atop-up examination in the coming 3-4 months. This top-up examination is to ensure the Office has also taken into consideration any incoming overseas applications that may not have been filed at the time the TM Headstart assessment was conducted.

If no issues are raised in the top-up examination, the application will proceed through to the acceptance stage.

3. Claiming priority for additional applications

If you have any interest in filing for protection of your brand overseas, please let us know as soon as possible.

Any corresponding overseas applications can "claim priority" — that is the same filing date from your current Australian application.

However, any applications will need to be filed within 6 months of the filing date of your Australian application to validly claim priority.

We’ll forward a reminder of the upcoming priority deadline in the coming months

4. The ™ symbol

While the trade mark is still pending through the application process, we recommend using the ™ symbol alongside your trade mark.

The ™ symbol can be used wherever your trade mark is used or featured, for example:

- Product labels and packaging;
- Website and social media accounts;
- Advertising and promotional materials;
- Business stationery i.e. business cards, letterheads, invoices, email signatures.
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There’s no legal requirement to use the ™ symbol, but it can help to put others on notice — it indicates your brand asset is considered and being used as a trade mark, and its pending registration.

Please note you can only use the registered trade mark symbol ® alongside your mark when it is registered.

5. Scam Letters

The details of the trade mark application will be published online on the trade mark database. You may receive solicitation letters from various companies about the application.

If you receive any other letters, especially those seeking payment, please ignore these scam letters.

As the address for service for your application, any official correspondence about your application will be addressed from our office.

Alternatively, if you’re unsure about any correspondence you receive, please just let us know.