Frequently Asked Questions

A sign (e.g. word, name, logo etc) that distinguishes your business's goods / services from competitors.

For example, the McDonalds logo is a sign that distinguishes McDonald's burgers (i.e. goods) and restaurants (i.e. services) from those of Hungry Jack's (i.e. a competitor of McDonalds).

In Australia, trade marks are registered by IP Australia after they have been filed (and that is what Fastmark will do for you).

Once the trade mark application has been filed with IP Australia, IP Australia will review and examine the application, and determine whether it will be accepted.

You do not have exclusivity over your name or logo in Australia unless you have a registered trade mark.

Gives you the exclusive right to use, sell and licence word or logo, in relation to your goods and services, for a 10-year period.

Stops others from using/registering similar words or logos (i.e. ripping off your brand).

No - business and company name registrations are for administrative purposes only, and do not give you ownership rights or exclusivity in the word, name or logo.

You can register words, names, logos or images - unfortunately you can't register other types of trade marks yet (such as sounds, shapes or colours).

Trade marks are registered in relation to specific goods and services, and such goods and services are allocated into categories known as 'classes'. For example "Software" is allocated in class 9, whereas "Wine" is allocated into class 33.

The purpose of classes is to organise the goods and services, and to allow the same marks in different markets to co-exist where the likelihood of confusion is low (e.g. two business with the same name that provide different goods and services should be able to co-exist, such as 'plumbing services' vs 'shoe manufacturing services').

We submit your trade mark application to IP Australia, and let you know what IP Australia say in response to your application.

A Fast and Standard application will, using our artificial intelligence, recommend what you should register your trade mark in depending on your business (e.g. if you tell us you run a clothing store, we might recommend class 35 - retail store services).

A Fast application will, within 5 business days, provide you with a preliminary indication from IP Australia whether your trade mark will be accepted or rejected. If it is rejected, we will provide you with a A$150 refund. A Fast application effectively involves a "pre-application" step compared with a Standard application so that you can get a general indication of whether the trade mark will be accepted or rejected, faster that a Standard application.

A Standard application will be reviewed by IP Australia within 3 months of filing.

IP Australia will now examine your application, and let you know whether your application has been accepted or rejected.

If you select the Fast option, IP Australia will provide you with a preliminary response within 5 business days of the application.

In all other circumstances, IP Australia will provide a response within 3 months.

Some of the more common reasons for IP Australia rejecting applications include:

1. another person owns a similar trade mark - if another trade mark has been registered (before you) in relation to the same or similar goods and services as your business
2. your trade mark is not unique or distinctive enough - trade marks must be distinguishable and not simply describe your services (e.g. "Coffee Shop" might not be registered if you were looking to open a coffee shop in Australia)
3. your trade mark is a geographical name - trade marks cannot be registered over geographical names (e.g. "Adelaide Coffee Shop" might not be registered)

No - Fastmark charges fees only for filing the application. If the application is accepted and then registered, Fastmark will facilitate this process at not additional cost to you.

If the application is rejected, Fastmark can introduce you to third parties who can assist you with overcoming any issues raised by IP Australia (if possible).

Unfortunately not.

If IP Australia accept the application, it will still be subject to a 2 month "opposition period" whereby third parties can oppose your application (e.g. as they do not agree that you should be able to register the trade mark - for example, if it is similar to their trade mark). However, trade mark oppositions are very rare.

IP Australia also have the discretion (in the case of the Fast applications) to reverse their initial position, and in very rare cases, a Fast application that IP Australia indicates will be registered, could be refused once IP Australia formally review and examine the application.

We offer a refund of A$150 for Fast applications only where the trade mark application has been rejected by IP Australia.

Other options available on Fastmark (i.e. Standard applications) are non-refundable in all circumstances.

You will need to speak to IP Australia, or a trade mark attorney or lawyer, who will be able to assist you in attempting to overcome any issues raised by IP Australia.

If you require such assistance, please contact us and we will be able to introduce you to a third party who would be able to assist you in this regard. At this stage, Fastmark is only a trade mark filing services, and Fastmark does not provide any trade mark or legal advisory services.