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How Much does it Cost to Register a Trade Mark in Australia?

Trade marks play a vital role in your business. A trade mark is a sign that identifies your business as the provider of goods or services in the market. IP is a valuable business asset in the online world. It  is up to you to identify your IP assets and stop others from using your trade mark inappropriately. There are copycats out there and it is a common mistake that business owners overlook protecting their intellectual property when starting out. Now, how much will a trade mark cost you? Let’s find out!

Hiring a Trade Mark Attorney

You can self-file your trade marks. However, you need to be vigilant and seek legal assistance if needed. Expert advice can save you time and money as registering your trade mark in the incorrect class can be an expensive mistake.  

Trade mark attorneys can also search for any existing trade marks that are similar to yours. This will help ensure you don’t inadvertently infringe on the intellectual property rights of others. An expert can assist you with identifying the correct classes for your trade mark application and any barriers that might be an obstacle to your trade mark being accepted for registration.

The steps involved in the trade mark application process are:

  • choosing your trade mark
  • conduct appropriating trade mark searches
  • selecting the correct classes of goods and services
  • preparing the claims for the trade mark, and
  • filing the application at IP Australia through the TM Headstart service or the Standard Filing service.

Trade Mark Registration Costs

The cost of trade mark registration depends on how many different goods and/or services you wish to use your trade mark with. There are 45 goods and services classes in which a trade mark can be registered.

While it may cost more, you should register your trade mark in the number of classes that you cover now and will cover in the future. Some trade marks require only filing in one class, while other require filing in two or more classes to protect your trade mark assets thoroughly.

The current fees at IP Australia to register your trade mark are between $250.00 to $ 330.00.

The cost of a trade mark application depends on the type of application that you file. You can file online through the Standard Filing service or through the TM Headstart service.

What is a TM Headstart service?

The TM Headstart procedure is a pre-application service which costs $330. This service provides a preliminary assessment of your trade mark which can help you determine its likelihood of registration. This service may help you quickly identify any barriers that could prevent you from registering your trade mark.

Your application is filed online via the pre-application service for a Part 1 fee of $ 200.00.  The TM Headstart procedure comes with significant advantages because it includes an initial assessment of the likelihood of the success of your trade mark application by a professional trade mark examiner at IP Australia. The trade mark examiner will assess your application and contact you within five business days. You can then decide to continue with your application, make amendments or discontinue your application. Your trade mark application will not be published until you pay the Part 2 fee of $ 130.00.

What is the Standard service?

The Standard service costs between $250.00 to $ 300.00 depending on whether you use a pick list or not.  Your trade mark application is made publicly available shortly after you file your application and only minor changes can be made after you file your application.

Trade Mark Renewal Fees

Registration lasts from 10 years after the filing date of the application. You can renew your trade mark indefinitely.

Current renewal  fees at IP Australia are between $400 – $450 per class depending on whether you renew online or by other means.

If you do not renew your trade mark on time, there is a grace period of 6 months to pay IP Australia provided you pay any applicable extension fees which are currently $100.00 per month. After the grace period, your trade mark will lapse and you will lose all rights associated with it. Your trade mark will then be removed from the register.

Now, trade marks may seem like a lot of work and money, but it’s all worth it because you obtain a statutory right in Australia to use your mark as a brand on the goods or services specified in your registration. Trade marks are a good investment because most successful businesses are built on intangible assets or IP.  When it comes to investing in the strength of your brand, you should never cut corners!

Takeaway Points:

  • Registering a trade mark is an investment, therefore, it requires planning and consideration.
  • Searches are important when filing a trade mark to ensure you are not infringing on the trade marks of others.
  • It is a good idea to enlist the services of an IP professional to conduct searches for you and before you make any major branding decisions.
  • When filing a trade mark application, there are significant advantages in using the TM Headstart service.

Svethlana Milanes, ABComm

Contact W3IP Law on 1300 776 614 or 0451 951 528 for more information about any of our services or get in touch at law@w3iplaw.com.
Disclaimer. The material in this post represents general information only and should not be taken to be legal advice.

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