Why Your Trade Mark Isn’t Registered Straight Away (And What’s Actually Happening)

You’ve filed your trade mark with Trademarkability, great step. If you’re wondering why it isn’t registered yet, here’s the plain‑English answer on how long the trade mark application process takes in Australia, and what IP Australia is doing behind the scenes while you wait.  

Why registration isn’t instant

The typical trade mark registration time in Australia is around 7-8 months and follows 4 steps: Application → Examination → Acceptance → Registration.

IP Australia must check your mark against the law and earlier marks before anyone gets a certificate. They have to do their due diligence. So if you've submitted your application and haven't received an update yet, don't worry. Yours is likely waiting in the examination queue.    

The examination queue

Thousands of trade mark applications are received by IP Australia every year, and marks are examined in the order they are received, which means there is naturally a waiting period before an examiner picks up your application.

It usually takes about 2-4 months from filing to examination. That “queue time” is why you don’t hear anything right away. Until the examiner starts, there’s often no report to send.  

Can’t wait for 2-4 months? You have the option to request an expedited examination for early acceptance. This will give your application priority handling in the examination stage. Let us know if you’re interested, and we can help you determine whether this option may be appropriate for your circumstances.

The examination and opposition period

Once your application enters the examination phase, a Trade Mark Examiner reviews your mark representation, classes, fees, and searches for conflicts or legal issues. They may accept your mark or send an examiner’s report with concerns.

If accepted, your mark is published and enters a 2‑month opposition period where others can oppose it. Only if there’s no opposition (or it’s resolved) does registration happen.

What if IP Australia finds an issue?

Sometimes the examiner may raise concerns in a report. This doesn’t automatically mean your application has been rejected. Many issues can be addressed, and there are often options available depending on the circumstances. If you receive a report, we’ll notify you and explain what it means.

What to do while waiting

• Keep contact details current so you don’t miss update emails.

• Save copies of your website screenshots, launch dates, and ads.

• If you get an examiner’s report, act quickly; simple responses often resolve issues.

• You can also search for existing trade marks to check for potential conflicts before or during your application here.

The good news

No news is often good news during the first few months. If you haven’t heard anything since filing, that’s usually because your application is progressing normally through the queue. Trade marks take time, but that’s simply part of the process. Our team will continue to keep you updated along the way.  

When to ask Trademarkability for help

If you receive any communication from IP Australia, or you need help preparing a response, feel free to contact [email protected].

Want a free copy of our step‑by‑step guidebook written by lawyers with 10+ years’ industry experience? Simply reach out to us and we’ll send you one.