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.
Answer a few quick questions to get an initial assessment of your trade mark
⚠️ This tool provides a general indication only and does not constitute legal advice. Trade mark eligibility depends on many factors specific to your circumstances and jurisdiction. Results should not be relied upon as a final assessment. Please consult an IP Guardian trade mark attorney for professional advice tailored to your situation.
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.
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.
If you need advice on patents, trade marks, or design protection, our intellectual property attorneys are ready to help.
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I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
