There are many reasons you might need to contact a trademark lawyer, one of which is applying to register a trademark with IP Australia. As a business owner, you will want to organise the protection of the intellectual property of your business as soon as you can, and often this requires speaking with a trademark lawyer. If you are in doubt as to the process of making a trademark application, you may need a trademark lawyer to clarify your business’ trademarking needs for you.

How it works

Currently there are 45 trademark classes to choose from. These include classes 1-34, which are for goods, and classes 35-45, which are for services. The headings of each class tell you the type of goods or services that are covered in a particular class. When filling out your trademark application, you may choose to use the Pick List. This is a search engine function on the IP Australia website that will allow you to enter keywords that will then match with possible claims that are listed in the correct classes. Remember that a trademark registration will grant the owner exclusive rights to use of the trademark in connection with the goods and/or services being claimed.

Your business

Let’s suppose you are a retailer of toys. The first step is to determine whether your application should be for goods, services or both. Your trademark will be granted in relation to the good or services you choose. For your trademark to be adequately protected, you need to understand the trademark classes and how to select the right goods or services. This is extremely important, as it not only will assist in protecting your business’ intellectual property, but can also save you money when done correctly.

When is a trademark granted?

Remember that a trademark is granted only in relation to the goods or services for which you apply and not every good or service. You might already be aware that the more categories you seek protection under, the more you end up paying in government fees, but if you (or your IP lawyer) don’t select the most appropriate goods or services that cover your business’ needs, you will most likely not have adequate protection over your intellectual property.

If you’re not careful about which classes you choose when you do your trademark application, not only do you risk paying too much money for your application, but if you attempt to seek trademark registration in a class that does not actually reflect your business’ goods or services, you may not be protecting your business in the areas of goods or services that are most relevant.

After the submission of your trademark application, you will not be allowed to make amendments (by adding or taking away) to the goods or services you have already chosen. In other words, it is worth speaking with a trademark lawyer who is experienced in making trademark applications, as you may fail to select the correct classes of goods or services, which can result in your business not having the protection it needs, not to mention the money you have wasted on an incorrect application.


If you need a trademark lawyer to assist you with drafting an application for trademark registration, look no further than LegalVision. We assist many Australians with their trademarking needs on a daily basis and would be more than happy to assist you with yours.

Contact LegalVision on 1300 544 755 and speak with one of our trademark lawyers today.

Lachlan McKnight
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