If you need to file an urgent trade mark application in Australia, there is only one pathway that give you a quick examination and early feedback from IP Australia: the Headstart pre-application service.
For businesses launching a new brand, preparing for investment, or facing potential infringement, a speedy review from IP Australia matters. While standard trade mark applications can take 2-5 months before an examiner reviews them, a Headstart application provides an assessment in as little as 5 business days.
The fastest way to get an urgent trade mark assessment
A Headstart application is IP Australia’s fast-turnaround pre-application service. It is designed to give applicants an early view of potential issues before committing to a full filing. The key benefits of a Headstart application are:
Fast examiner feedback: Assessment by an examiner within 5 business days
Chance to fix errors or amend an application: You can amend classes, claimed goods and services, and update your trade mark (word or logo) before formal filing for a significantly reduced cost as opposed to re-filing
Reduced risk: You can avoid non-refundable mistakes that can occur in standard applications
Split fees: You only pay the full filing fee if you choose to proceed after the examiner’s initial assessment. This means if they issue an adverse examination, you can choose not to pay the second fee and let the trade mark lapse if you don’t want to swap it out for a different trade mark
How a Headstart application works
Submit the Headstart request: An examiner reviews your proposed trade mark and sends an assessment report within 5 business days
Make amendments (optional): You have 5 business days to make changes based on the examiner’s feedback
Formalise your application: You have 5 business days to choose to proceed and convert the Headstart request into a formal trade mark application
Costs
If you wish to engage us to assist with filing a Headstart application, the minimum total cost of a Headstart application in one class will be $1,330 (being the total of the Part 1 and Part 2 fees). Each additional class will be an additional $680. Any amendments to the trade mark application may attract additional fees.
Does a Headstart application speed up the registration process?
No. Even with a Headstart application, the registration process still takes a minimum of 7 months due to mandatory opposition periods and international treaty obligations. However, the critical difference is that you receive early examiner feedback within days, not months. This gives you clarity and confidence to use your brand sooner.
When should you use a Headstart application?
A Headstart application is ideal if you:
Need urgent examination
Are launching a brand or product soon
Want to reduce the risk of objections
Want to avoid costly re-filing mistakes
Want to try to register a trade mark that may have issues, with an option to swap out to a less risky secondary preference
It is not suitable for:
Goods or services that are non-standard and not on IP Australia’s pick list
Series trade marks
Shape, sound, scent or other non-traditional marks
Checking any unregistered trade marks - you still need a common law search for this
Need urgent help?
If you’re facing a tight deadline or need certainty before launching a brand, a Headstart application is the only way to get a fast examination from IP Australia. We are skilled at handling Headstart applications and making the process simple from start to finish.
If you need rapid protection, early certainty, or a trade mark lodged ASAP, contact us now.