Registering a trade mark gives you the exclusive right to use or license that mark in relation to specific goods and services. Registration is an effective way of protecting your brand and increasing the value of your business. The cost of trade mark registration in Australia depends on the type of application method you use, and the number of classes of goods and services you select. This article sets out the different application methods available to you, and the fees associated with each method.
You can apply for trade mark registration online using IP Australia’s website. The online application method is designed to be user-friendly and is popular with applicants who are not using an IP lawyer.
The online application offers two different services:
- the Trade Mark Headstart Service; and
- the Standard Filing Service.
If you use the Headstart Service, you will receive an assessment on whether your trade mark is likely to meet the requirements. This way, you will get a good indicator of the strength of your application and can make improvements before filing the full application.
The Standard Filing Service is less expensive, but, as a result, you will not receive an assessment of your application beforehand.
Your trade mark registration application must describe the goods and services which you want the trade mark to protect. These goods and services are set out in a list of 45 classes, each with several sub-classifications. The more classes you want to include in your application, the more expensive the cost of trade mark registration.
Each class of goods or services has a government fee, ranging from:
- $150-$200 for a Trade Mark Headstart Service; and
- $130-$480 for the Standard Filing Service.
If you make a series trade mark application, each class costs $500. This kind of application allows you to register for more than one trade mark in a single application.
Choosing the right class or classes is essential to ensure that your trade mark will be effective in protecting your business. You should ensure you select the correct classes for your application at the start, as you cannot add classes to an application after it has been lodged.
Extensions of Time
You may have to pay additional costs if you need more time to maintain your application during the application process. For example, if an IP Australia examiner identifies an issue with the trade mark application, you will receive a report explaining the problem. You must fix the issue and respond within 15 days or your trade mark application will be unsuccessful. If you require even more time, you can get an extension for $100 per month from the due date.
Similarly, if you already have a trade mark that has been registered for 10 years but have forgotten to renew it, you can also seek an extension of time to renew your registration. This is set at the same cost of $100 per month, calculated from the renewal date.
The cost to register a trade mark internationally depends on the application method and country fees. You can register trade marks:
- directly in the country’s IP office; or
- through the Madrid Protocol, by applying to the World Intellectual Property Organisation (WIPO).
International trade mark fees can include:
- WIPO filing fees;
- official fees;
- registration fees; and
- legal professional fees.
The registration process and fees differ in each country, with some countries requiring filing and registration fees after examination. Some countries do not allow you to apply for multiple classes in a single application. This means you would need to make several applications for protection in multiple classes.
International protection does not come cheaply, so it is essential to get an understanding of the cost of trade mark registration in the countries strategic to your growth and budget accordingly.
Trade marks are critical to ensuring brand protection in Australia and internationally. In Australia, the type of application method you use and the number of classes you select will determine the cost of trade mark registration. You may also need to pay fees for extensions of time or registration renewal.
If you need assistance with making a trade mark application or figuring out whether it is financially sensible for you, get in touch with LegalVision’s trade mark lawyers on 1300 544 755 or fill out the form on this page.
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