How Much Does it Cost to Register a Trademark in Australia?
You’ll pay between $250 and $600 for each individual trademark registered with IP Australia. However, the total cost of securing trademark protection will depend on the specifics of your application.
The application details that affects the total cost includes:
- Goods and services categories: The broader the range of goods or services you need coverage for, the higher the cost will be.
- Application approach: You have the option of a standard application process or the TM Headstart system, which offers faster assessments at a slightly higher fee.
How Much Does it Cost to Register a Trademark in Australia?
The minimum cost to register a trademark in Australia of any kind is $250 for a standard application. This would generally apply to words, shapes, images, sounds, colours, moving images, aspects of packaging, or combinations of these elements. Here's a quick breakdown of the minimum costs:
TM Headstart Fees (per Class)
| Process | Cost |
| Step 1: TM Headstart request | $200 |
| Step 2: Amend your application (optional): | |
|
$150 |
|
$200 |
| Step 3: Conversion to a standard application (Part 2 fee) | $130 |
Standard Trademark Application Fees (per Class)
| Process | Cost |
| Trademark application with picklist | $250 |
| Trademark application without picklist | $400 |
| Series trademark application with picklist | $400 |
| Series trademark application without picklist | $550 |
For a more accurate estimate of your specific trade mark application, you can use IP Australia’s Trade Mark Price Calculator. Note that these figures only include IP Australia’s fees for 2024.
How much does it cost to trademark a business name?
The minimum cost to trademark a business name, which includes product names, slogans, and catchphrases under the category of words, is $250 for a standard trademark application.
Do I Need A Lawyer to Register a Trademark?
It’s not mandatory, but we recommend that you get legal advice. You can submit your trademark application online directly through IP Australia. IP Australia offers resources to help you through the process, including a pre-application service that will assess your application before you commit. If you choose to get professional legal advice, we’ll help you with:
- Increasing chances of successful registration: We can help you navigate the application process, ensure you meet all the requirements, and help you avoid potential pitfalls that could lead to delays or rejection.
- Strategic guidance: We can advise you on the best course of action based on your specific situation. We’ll explore factors like potential conflicts with existing trademarks, avoiding trademark infringement, and long-term brand protection strategies.
- Representation in case of opposition: If someone opposes your trademark registration, we can represent you in negotiations or legal proceedings.
What Factors Must I Consider?
The cost of registering a trademark in Australia depends on several factors, including:
- Filing method: You can file through the standard application process or the TM Headstart system, which offers a faster initial assessment for a slightly higher fee.
- Number of classes: Trademarks are registered in specific classes of goods and services. The more classes you apply for, the higher the cost. The total cost will also be affected by whether you’re applying for a single trademark or a series.
- Use of the picklist: The picklist is a searchable list of pre-defined goods and services. Using the picklist can lower your fees compared to specifying your own descriptions.
Steps to Register a Trademark
Stage 1: Application
Method 1: TM Headstart (pre-assessment); cost per class = $330
Method 2: Standard application; cost per class = $250
Method 3: Use picklist (recommended); cost per class = $250 to $400
Method 4: Don't use picklist; cost per class = $400 to $550
Method 5: Additional class (rare); cost per class = $450 (TM Headstart) or $600 (Standard)
Stage 2: Examination
Option 1: Wait 3 to 4 months for review.
Option 2: Expedite; fill in a form online; pay an additional fee.
Stage 3: Acceptance (if passed)
Step 1: Receive notification from IP Australia’s online services.
Step 2: Trademark is advertised in journals and Australia’s trademark search database for 2 months.
Stage 4: Registration (if not opposed)
Your trademark is registered and is valid for 10 years.
Stage 5: Renewal
Renew your trademark every 10 years. You can do this online for $400.
Notes:
- Prices may change. Refer to IP Australia's time frames and fees.
- Additional fees may apply for optional services like expedited processing or document copies.
Renewing Your Trademark
To safeguard your brand identity in Australia, you need to renew your trademark every 10 years. IP Australia, the governing body, will send you a reminder 2 months before the renewal date. While there's no limit to renewals, missing the deadline incurs late fees.
The renewal process is convenient and efficient. The quickest and most affordable way to renew your trademark is through IP Australia's online services. You can pay the renewal fee (variable depending on factors like the number of classes your trademark applies to) and update your details if necessary. This ensures immediate renewal and continued protection for your brand.
The decision to renew ultimately depends on your brand strategy. If you plan to keep using the trademark, make sure the renewal is done on time to maintain its legal protection.
Our Costs for Filing a Trademark Application
The exact cost of filing a trademark application can vary depending on specific details, but the team at Macmillan Lawyers and Advisors is here to guide you through the process efficiently and cost-effectively.
Schedule a FREE 30-minute consultation with our experienced legal team to discuss your unique needs and get a clear understanding of any potential fees associated with your trademark application. This way, you can move forward with confidence, knowing you have expert support by your side.
Trademark Australia Cost FAQs
Contact Macmillan Lawyers and Advisors
Do you need to register a trademark? At Macmillan Lawyers and Advisors, we make legal simple. Moreover, we highly recommend using a trademark professional. Our team can not only help you understand the process and potentially minimise costs, but with the help of our intellectual property lawyers, we ensure your trademark is protected properly.
- Phone: (07) 3518 8030
- Email: [email protected]
- Address: Level 38/71 Eagle St, Brisbane City QLD 4000
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