Trade Mark for Amazon Brand Registry in Australia: IP Australia Fees, Timing and Pending Marks

To get a trade mark for Amazon Brand Registry in Australia, you file an application with IP Australia. As listed by IP Australia, a standard application costs A$250 per class if you pick your goods from its picklist, or A$400 without the picklist. IP Australia's main trade mark page says the process takes at least 7 months and costs a minimum of A$250. You do not have to wait that long to apply to Amazon, because a pending application can meet Brand Registry's trade mark requirement in some cases. This is general information, not legal advice.

What does Amazon actually require?

Amazon wants a pending or registered trade mark for your brand name or logo, issued by the government office of a country with a corresponding Amazon store, and you must be the owner. Word marks and design marks that contain words, letters or numbers are accepted, and the text must match the brand name.

For Amazon.com.au, the natural fit is an Australian mark from IP Australia. The enrolment steps are in our Amazon Brand Registry Australia guide. This page covers only the trade mark side.

A trade mark gives you rights in Australia only. Selling on Amazon US or UK later needs marks in those countries, which is a separate decision for the cross-border pages.

How much does an IP Australia trade mark cost?

IP Australia publishes these fees per class on its timeframes and fees page. The page does not state whether GST applies to government fees, so treat the figures as the amounts IP Australia lists and confirm at checkout.

IP Australia states the minimum TM Headstart cost is A$330, which is Step 1 plus Step 3 for one class. TM Headstart fees are not refundable.

Additional classes carry their own fee lines, which differ from the first-class fee. Use IP Australia's trade mark price calculator for a multi-class total rather than multiplying the first-class fee. IP Australia's public fee pages for the first class do not show registration or renewal fees, so check those on IP Australia's site before you budget for the full life of the mark.

For illustration, a single-class word mark filed using the picklist costs A$250 in application fees, and the same mark through TM Headstart costs A$330, a difference of A$80. Lawyer fees come on top if you use one, and they vary by firm. Amazon's IP Accelerator page says Amazon has pre-negotiated rates for a single brand in a single class, but it does not publish the amounts.

How long does it take?

IP Australia's timeline:

• Examination: usually 3 to 4 months from filing, depending on application type and demand.
• Advertising and opposition: once accepted, the mark is advertised for two months, during which anyone can oppose it.
• Registration: once unopposed, or once any opposition is resolved, the mark is registered.
• Overall: at least 7 months from filing to registration.
• Protection: lasts 10 years from the filing date.

IP Australia says it updates its current timeframes weekly, so check its live table. An objection from the examiner, or an opposition, makes the process longer than the minimum.

Should you use TM Headstart?

TM Headstart is a pre-application service aimed at first-time filers. An examiner reviews your mark for common errors before you formally apply.

• The examiner sends your assessment report within five business days of the request.
• You then have five business days to amend (optional Step 2) and five business days to convert to a standard application (Step 3).
• If you miss a deadline, the application lapses.
• The examiner cannot check for infringement of existing registrations, give legal advice, file for you or guarantee success.

IP Australia's page does not say outright whether the Step 1 request gives you a filing date, and it implies that the date that counts is the formal filing date at Step 3. Confirm that with IP Australia before relying on it for Brand Registry timing.

The A$80 extra for TM Headstart over a picklist-only filing buys an early error check. A tight picklist description is cheaper if you are confident. The examiner's check is worth the cost if you are filing for the first time and cannot afford a lapse or a rejected application, because IP Australia warns that filing with mistakes is not refundable.

What happens to Brand Registry if the mark is refused?

Amazon's requirement is a pending or registered mark. If IP Australia refuses or you withdraw the application, you no longer meet it. Amazon does not publish what it does to an enrolled brand in that situation publicly, so do not build a product launch or a large ad budget on a mark that is still at risk. A refusal after examination can sometimes be answered; IP Australia has a page on responding to an examination report, and an attorney can tell you whether a response is worth the cost.

The practical lesson: search first, file the mark you can defend, and keep a spare name in mind if your product has not been printed yet. A change of name on packaging after printing is far more expensive than a search.

How do you pick classes and avoid refusal?

IP Australia groups goods and services into classes, and the fee is per class. For an Amazon brand you typically care about the class for the product you sell, and sometimes a retail services class as well. A trade mark attorney can advise which classes protect you against copycats.

Before filing:

1. Search IP Australia's trade mark database and use TM Checker, linked from IP Australia's trade mark page, for similar marks in your classes.
2. Check that the name is not simply a description of the product. Ask an attorney about this, as it is a common reason for objections.
3. File in the name of the entity that will own the brand, for example your Pty Ltd, not a director personally, unless that is the plan. Amazon requires the applicant to be the owner.
4. Use the picklist wording where you can, since it costs A$150 less per class.

When do you need a trade mark attorney?

IP Australia says the examiner cannot give legal advice or check infringement, and suggests a registered trade mark attorney or IP professional for those needs. Use one if:

• your brand name is close to a competitor's or a big brand's;
• you receive an examination report with objections;
• someone opposes your mark;
• you plan to sell overseas and need a multi-country filing strategy.

Amazon also runs IP Accelerator, which connects you with vetted law firms. A trade mark also affects how you handle infringement notices later, see Amazon IP complaints.

FAQ

How much is a trade mark in Australia for one class? IP Australia lists A$250 with the picklist or A$400 without it for a standard application. TM Headstart costs a minimum of A$330. These are government fees only, not lawyer fees.

How long does an IP Australia trade mark take? At least 7 months from filing to registration, with examination usually taking 3 to 4 months. Objections or opposition make it longer. A pending application can already support a Brand Registry application in some cases.

Can I join Brand Registry with a pending trade mark? Amazon says a pending application meets the requirement and that in some cases you can enrol with a pending registration. It does not list the cases, so a registered mark is the more predictable route.

Do I need to file in a specific trade mark class for Amazon? Amazon does not publish a class rule on its Brand Registry page. Choose classes that match what you sell, and take advice if you are unsure.

Does an Australian trade mark protect me on Amazon US or UK? Not by itself. Amazon asks for a mark from the government office of a country with a corresponding Amazon store. Marks are territorial, so each market needs its own filing strategy.

Can Blooprint file my trade mark? No. Blooprint does not file trade marks or give legal advice. Use IP Australia directly or a registered trade mark attorney, then bring the application number to Brand Registry.

Next step

File first, then enrol. Once you hold an application number, Blooprint can help with Amazon Brand Registry services for Australia, and the Australian seller hub links the rest of the brand programme.