Legal basis is the Trademark Act of 1995, in force since January 1st, 1996.
Australian trademarks are also protected on the Christmas Island, the Cocos (Keeling) Islands and Norfolk Islands (NF).
Australia is a member of the Madrid Protocol. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, sound marks and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The Trademark Act is based on the principles of „common law“, i.e. official and juridical decisions are rendered on the basis of prior decisions and judgements on similar cases comparing all facts and merits of a case and taking into consideration all different common grounds. The proof of infringement, however, is easier than in other “common law states”.

The application is filed at the Australian Government Agency responsible for administering patents, trade marks, designs and plant breederʼs rights (IP Australia).
Multiple-class applications are possible. However, additional fees are payable if an application is to cover more than one class.
Foreign applicants do not need a local agent. An address for service in Australia is sufficient.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 12 to 24 months. The first office action is taken after approx. 6 months. An expedited examination is possible.
Prior to registration, the trademark application is published in the “Australian Official Journal of Patents, Trademarks and Designs” usually within a month of filing. Full details of the application are normally available online from the Trade Marks Office database within a few weeks of filing. If no opposition is filed, the trademark will be registered against payment of registration fees.

The opposition period is 3 months from publication of the trademark application.

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.

If a trademark has not been used within any continuous period of 3 years, the registration is vulnerable to cancellation upon request of a third party. However, an application for cancellation due to non-use cannot be lodged until 5 years after registration.

The official application fees for online filing are AUD 160.00 (approx. EUR 85.00) per class and AUD 160.00 (approx. EUR 85.00) for each additional class. The fee for a series of trademarks in a single class is AUD 310.00 (approx. EUR 165.00) and a further AUD 310.00 (approx. EUR 165.00) for each additional class. Paper filing is AUD 180.00 (approx. EUR 96.00) per class, and AUD 330.00 (approx. EUR 175.00) for a series of trademarks. Registration is another AUD 250.00 (approx. EUR 133.00) per class.

Search type	First class	Add. class
Word Mark Search (availability)	420,00 €	120,00 €
Word Mark Search (identical)	140,00 €	30,00 €
Extended Search (word mark, company name, domain)	680,00 €	120,00 €
Device Mark Search (availability)	540,00 €	240,00 €
Trademark Owner Search	210,00 €
Company Name Search	340,00 €
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	560,00 €	280,00 €

The Prices above are S.M.D. Markeur Search Fees