What Is TM Headstart ?

TM Headstart is a quick application with IP Australia which can indicate whether your Trade Mark may encounter any problems in being registered. 

It’s a helpful way to apply for a Trade Mark as applications with mistakes are non-refundable, and things can get costly if you don’t have everything in check. 

What Is A Trade Mark?

A Trade Mark will protect your business name, logo, or catchphrase from being used by others. Successful registration of your Trade Mark will give you an exclusive right to use it in Australia for 10 years. Having your business name or logo trademarked earlier will save you a lot of stress in the future in case someone trademarks a similar name or logo before you do.

You can read more about why you need a Trade Mark here, and more things to know here.

What Is The Trade Mark Headstart Process?

The Sprintlaw approach begins with an initial consultation with one of our experienced Intellectual Property lawyers to ensure that you have all the information required to get started with your application.

The Trade Mark Headstart is a two part service.

Part I

Our experienced lawyers will apply to IP Australia using TM Headstart for 1 Trade Mark (i.e. business name, logo etc.) in 1 class (i.e. food and drink services, medical services etc.). This is a significant advantage as it includes an initial assessment as to the likelihood of success by a professional Trade Mark examiner at IP Australia. This does not guarantee registration of your Trade Mark but it will assist you in identifying barriers which could prevent you from registering your Trade Mark.

After the initial assessment comes back, you will have 5 business days to decide whether to continue with your application, make amendments or discontinue your application. 

Part II

If Part I is successful and you wish to continue with your Trade Mark application, our lawyers will help you apply to IP Australia for a 10-year Trade Mark registration.

There will be an initial examination by a Trade Mark examiner who checks your application and ensures that it contains all the correct information and meets legislative requirements. If the Trade Mark application does not meet the legislative requirements, you will receive an adverse examination report and it will include reasons why and how to overcome them. You can read a further article about adverse reports here.

Once this is accepted, it will be advertised for opposition purposes for a two-month period where third parties can oppose your registration.

If there is no opposition, your Trade Mark application status will be updated to “registered” and you will have an exclusive right to use it in Australia for 10 years!

You can find a breakdown for the government fees here.

Why Do I Need A Trade Mark?

A Trade Mark is useful for many areas in your business by giving you an exclusive right to use it. It can establish your brand name in a marketplace, it can ensure no one can infringe on your goodwill, and it can be an important piece in building up your brand strategy.

Need Help With Your Trade Mark?

If you’re still confused or you want to know a bit more about trademarking your business name or logo, it could be useful to have an initial consultation with one of our experienced Intellectual Property lawyers, who can talk you through the process and ensure you have the required documents and information to proceed!

Otherwise, if you’re ready to proceed with registering your Trade Mark, our team of Intellectual Property lawyers are keen to help you get started!

Our friendly team is available for a free, no-obligations chat at team@sprintlaw.com.au or on 1800 730 617.

Jessica Kuang

Jessica is a legal consultant at Sprintlaw. She is currently working towards her law degree at the University of Sydney and she has previous experience working at non-governmental organisations and law firms, where she is interested in leveraging her law degree for disruption in the legal sector.