In Short
- Registering a trade mark for your business logo comes with costs, including design fees, government filing charges, legal assistance, and renewal fees.
- IP Australia’s filing fees start at $250 per class, with additional costs for international trade mark protection.
- If your application faces objections or opposition, legal expenses can increase significantly.
Tips for Businesses
Before applying for a trade mark, ensure you own the copyright to your logo, especially if a designer created it. Conduct a trade mark search to check for existing registrations and avoid costly disputes. Consider seeking legal advice to improve your chances of success and prevent expensive rebranding down the line.
When launching a new business, protecting your brand is essential. One of the most effective ways to safeguard a key piece of your intellectual property, such as your business logo, is by registering it as a trade mark. However, before you dive into the application process, it is essential to understand the various costs involved. This article will explore the financial considerations of applying for trade mark registration for your business logo.
This guide explains the essentials of trade marks and the steps required to register a trade mark.
Logo Design Costs
Before registering your business logo as a trade mark, you must have one designed. The cost of logo design can vary widely. This is dependant on who you task with designing it. If you have graphic design skills, you can create your logo for free. Otherwise, it is usually necessary to hire a graphic designer. When hiring a designer, ensure you have an explicit agreement that transfers ownership of the design to you or your business. This is crucial because you must own the logo’s copyright before registering for a trade mark. Without this ownership, you may face issues down the line associated with the true owner of the trade mark registration.
Be cautious when using design platforms like Canva. Their ready-made design elements, such as stock graphics or photos, are typically provided on a non-exclusive basis, as stated in their user agreement. This means others can use the same elements. Learn more about trade marks and Canva designs here.
Official Government Fees
One of the more obvious costs in the trade mark registration process is the fee charged by IP Australia, the government body responsible for assessing intellectual property rights. As of 2025, the fees for filing trade mark applications are:
- standard application with picklist: $250 per class;
- standard application without picklist: $400 per class; and
- TM Headstart application: $330 per class.
Remember, this fee is non-refundable, regardless of whether your application succeeds. If your logo trade mark application covers multiple classes of goods or services, the costs will multiply accordingly.
Continue reading this article below the formProfessional Assistance Costs
While you can file a trade mark application yourself, many businesses choose to engage a professional for assistance. This could be a trade mark attorney or a specialised intellectual property lawyer. Their expertise can be invaluable in navigating the complexities of trade mark law and increasing your chances of a successful application.
Professional costs typically include the lawyer’s time and expertise in preparing, drafting, and filing your application with IP Australia. They may also conduct comprehensive searches of IP Australia’s trade mark register to ensure your proposed logo does not infringe on existing registrations. These searches can save you money in the long run by identifying potential conflicts early and reducing the risk of opposition or infringement claims.
The total cost of professional assistance can vary widely depending on your situation’s complexity and the service quality. Some professionals charge a fixed fee, while others bill by the hour.
Renewal and Maintenance Costs
Trade mark registration in Australia lasts for 10 years from the filing date. After this period, you must renew your registration to maintain your rights. The current renewal fee as of 2025 is $400 AUD per class. Factor these long-term costs into your budget.
Objection and Opposition Costs
If you need to address an objection raised by an examiner or if someone opposes your logo trade mark application, legal costs can quickly escalate. While these are not upfront costs, preparing for potential objections or issues is wise. Legal fees for trade mark opposition or infringement cases can range from a few thousand dollars for simple matters to tens of thousands for complex disputes.
International Registration Costs
If you plan to expand your business internationally, you should consider the costs of protecting your logo abroad. Whether you file directly in your countries of interest or file a Madrid Protocol application via the World Intellectual Property Organization, applying for trade marks globally can be much more expensive than filing only in Australia.
The cost of applying for a trade mark through the Madrid System starts at approximately $1,150 AUD (653 Swiss francs) for a basic black and white mark, with additional fees for colour marks and each designated country. The total cost can vary significantly depending on the number of countries you’re seeking protection in. This is also just the initial filing cost and doesn’t include potential local attorney fees or future renewal costs.
Marketing and Branding Adjustments
If your logo trade mark application is unsuccessful, you may need to rebrand. This can involve significant costs regarding new marketing materials, packaging redesigns, and potential loss of brand recognition. While not a direct application process cost, it is an important financial risk to consider.
Key Takeaways
Registering for a trade mark for your business logo as a trade mark in Australia is an investment in your brand’s future. While the costs can be substantial, the protection and exclusive rights provided by a registered trade mark can be invaluable for your business. By carefully considering these financial aspects before applying, you can budget effectively and make informed decisions when protecting your brand.
If you need help registering your business logo trade mark, our experienced IP lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
If you design the logo yourself, the cost may be free. However, hiring a graphic designer can range from a few hundred to several thousand dollars, depending on the complexity of the design. It is important to ensure that you own the copyright to the logo before applying for a trade mark, as this can prevent ownership disputes later.
Yes, platforms like Canva provide ready-made design elements, including stock graphics, fonts, and images, which are non-exclusive. This means multiple users can use the same design elements, which may limit your ability to register the logo as a trade mark.
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