Frequently Asked Questions

You can think of a trademark as a brand. It is a symbol, words, letters, phrases, numbers, sounds, smells, logos, shapes, packaging, pictures, movements, or any combination of these, which distinguish your brand’s goods and services from another competitor’s.
If you are okay with your brand being confused and used by your competitors, then the answer to this question is no. Alternatively, if you want to protect your brand and the goods and services it provides, then it is advisable that you register your trademark to be recognised as the owner.
IP Australia outlines five steps involved in the trademark registration process. That is, deciding whether you have a trademark or not, understanding which goods and services your trademark is classified as, conducting a trademark search, applying, and awaiting your outcome.
Once your trademark application has been submitted to IP Australia, it takes anywhere between three to four months for IP Australia to provide an outcome. Considering there are pre-application stages (such as searching), the answer to this question is that it depends on your trademark. If there are similar trademarks to yours, the pre-application stage can take longer. Additionally, if IP Australia issues an adverse examination report, the registration process can take even longer. IP Australia issues adverse examination reports where your trademark application does not meet the legislative requirements. It is, therefore, advisable that you seek professional advice before you make an application.
Once a trademark is registered with IP Australia, it provides the person who registered it the exclusive right over the use of that trademark. This means that other people will require your permission to use the trademark.
There are two ways to apply for an international trademark. Firstly, you can make an individual application to specific countries. Alternatively, you can apply via the Madrid Protocol application, nominating the group of countries you seek protection. You can read more about our international trademark registration process here.
Trademarks only provide protection in the country that your application was made and accepted by the relevant authority. That is, applications accepted by IP Australia will only protect you in Australia.
LegalVision is Australia’s fastest growing legal startup. Primarily conducting all our legal work online, we are able to provide quick, affordable and top quality legal advice.
LegalVision’s business model is simple. Simply leave us an enquiry, and a member of our team will get in touch within two hours. Once we have discussed your matter, we will provide you with a fixed-fee quote. Once accepted, one of our trademark lawyers will finalise your matter within five days.
LegalVision’s head office is based in Sydney. We also have an office in Melbourne.
LegalVision services all across Australia as well as internationally. Our online and cloud-based platform allows us to work anywhere and anytime!
LegalVision’s innovative pricing means we are able to provide fixed-fee quotes with no surprises. We can also provide other options tailored to meet our client’s circumstances. Simply ask us how!
LegalVision stands out in six different ways:

  1. Our lawyers are trademark experts having worked at top law firms across the world
  2. We have a team dedicated to delivering customer service
  3. There are absolutely no hidden fees with our fixed-fee pricing model
  4. We provide a five-day turnaround on all matters
  5. We have an extensive library of free legal articles and documents
  6. Our online and tech-driven business model means that we are accessible to all of Australia (including regional and remote clients), efficient, and can adapt to any changes.

LegalVision provides a high-quality, cost-effective solution for Australian businesses seeking legal assistance, advice or documentation.


Free Trademark Search

Understanding trademarks can be overwhelming. LegalVision makes it easy.