Trade mark eligibility checker

Ready to protect your brand?

Find out in minutes whether your brand name or logo may qualify for trade mark protection in Australia, and get expert guidance on your next steps.

Our results are a starting point – not legal advice. If your trade mark looks eligible, or you’re unsure what your results mean, our IP attorneys can review your mark, advise on the best filing strategy, and handle everything from application to registration.

FAQs

A trade mark is a sign — such as a word, logo, phrase, colour, or shape — that distinguishes your goods or services from those of others. In Australia, registered trade marks are protected under the Trade Marks Act 1995 and give you the exclusive right to use the mark in relation to the goods and services it covers.

The checker assesses your mark against the key eligibility criteria under Australian trade mark law — including whether it is sufficiently distinctive, whether it is likely to be considered descriptive or deceptive, and whether it falls into one of the absolute grounds for refusal. It does not search the IP Australia trade marks register for conflicting marks.

No. The checker provides a general indication only and is not a substitute for legal advice. IP Australia will conduct its own examination, which includes a search for prior conflicting marks. An attorney review before you file can significantly improve your chances of success.

If your application is accepted without objection and is not opposed, registration typically takes around 7–13 months from the filing date. The process can take longer if IP Australia raises examination issues or a third party files an opposition.

Yes. If you need protection beyond Australia, we can assist with international filings through the Madrid Protocol (which covers 130+ countries), as well as direct applications in key markets such as the US, EU, UK, and Asia-Pacific.

A refusal is not always the end of the road. Depending on the grounds, it may be possible to file a response to the examiner, submit evidence of acquired distinctiveness, or amend the application. Our attorneys can advise on the best course of action.

No. The checker is a free educational resource to help you understand the basics of trade mark eligibility. For advice specific to your mark and business, please contact our team directly.

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