Information Needed to File a Trade Mark Application

Applying for a trade mark is a significant first step in protecting your brand. Whether you’re a startup, a growing business, or an established company launching a new product, understanding what information is needed in the application is crucial. The more complete and accurate your application is from the outset, the smoother the registration process will be.

Applicant Details: Who Owns the Mark?

The first section of the application deals with identifying the applicant. This must be the legal owner of the trade mark, typically an individual, company, or incorporated association.

You’ll need to provide-

• Full legal name of the applicant
• Street address (not just a P.O. box)
• Address for service in Australia or New Zealand – this is where IP Australia will send official correspondence. Many businesses choose to use their IP attorney’s address for this purpose.

Note- Ownership is important. A trade mark must be filed in the name of the true owner to be valid, so it’s worth double-checking this before you lodge.

Type of Trade Mark: What Are You Registering?

Trade marks come in different types, and you’ll need to specify which kind you’re applying for-

• Standard Trade Mark-The most common type, protecting words, logos, images, or combinations.
• Certification Mark– Indicates that goods or services meet a particular standard.
• Collective Mark– Used by members of a group or association.
• Defensive Mark– Reserved for owners of well-known marks, offering broader protection.

If you’re unsure which type applies to your situation, it’s worth getting legal advice to avoid filing under the wrong category.

Details About the Trade Mark Itself

Now comes the part where you describe what you’re actually trying to register. You’ll need to provide-

• A clear representation of the trade mark – this can be a word, logo, phrase, sound, scent, shape, or colour.
• For non-traditional marks (like shapes, sounds, scents, or colours), a description is essential. For example, if it’s a sound mark, you might include a musical score and audio file.
• If the mark contains non-English words or characters, you’ll need to include a translation or transliteration.
• If you’re applying for a series of marks (slightly differing versions), those must be detailed in the application.

A tip here- Ensure that your representation matches how the trade mark is used in the real world. IP Australia assesses marks on a “what you see is what you get” basis.

Goods and Services: What Will the Trade Mark Cover?

Trade marks protect your brand in relation to specific goods and/or services, grouped under classes according to the Nice Classification system. You’ll need to-

• Identify the correct class numbers (there are 45 in total).
• Provide a detailed specification of the goods/services under each class.

Getting this part right is critical. If you choose the wrong classes or describe your goods or services too broadly or too narrowly, you risk either weak protection or unnecessary fees.

Convention Claims

If you’ve filed for a trade mark in another country (a “convention country”) within the past six months, you can claim priority in Australia from that earlier filing. To do this, you’ll need-

• The name of the convention country
• The filing date of the earlier application
• If available, the application number from that country

This provision can help secure an earlier filing date, which can be vital in a first-to-file system like Australia’s.

Divisional Applications and Parent Details (If Applicable)

Sometimes an application needs to be split, perhaps because different parts of the mark face differing examination outcomes. In that case, you might file a divisional application.

You’ll need to include-

• The number of the parent application
• A breakdown of goods/services remaining in the parent

Divisional applications are quite technical, so it’s best to handle them with professional support.

Filing a trade mark application isn’t just about ticking boxes, it’s about strategic brand protection. Each piece of information, from ownership to representation, plays a role in how strong and enforceable your rights will be.

A little care at the beginning can save a lot of concerns down the road and ensure your brand is protected the way it deserves to be.

So, whether you’re launching a new business or looking to safeguard an existing brand, our team at LexGeneris is here to help. We handle everything from start to finish, so you can focus on what you do best, i.e. growing your business.

Contact us today to book a free initial consultation or to start your trade mark application with confidence.