If you are a clothing label owner, you may have considered applying for a trade mark to protect your brand. However, the costs associated with applying for a trade mark are not always clear. This article will discuss the costs you should consider before applying for a trade mark, particularly for a clothing label.
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What is a Trade Mark?
A trade mark is the identity of your brand. For a clothing label, a trade mark could be your:
- brand name;
- logo;
- phrase or
- the name of a particular clothing line (for example, the clothing brand UNIQLO’s protection of the word HEATTECH – a thermal wear line).
Notably, a trade mark is how consumers and third parties will identify your brand. As your brand grows, it will become increasingly necessary to protect your trade mark from copy-cats. Registering your trade mark will grant you exclusivity and the ability to enforce your rights against infringers.
How Does Trade Mark Protection Work?
The governing body that regulates intellectual property (IP) protection in Australia is IP Australia. This body categorises a wide range of goods and services into 45 classes. As part of the trade mark application, you must select goods and services that accurately describe the activities you intend to provide under the trade mark. Further, it is essential to note that your trade mark protection will be limited to the classes (and items within the classes) selected in your application.
For example, class 25 covers goods such as:
- jumpers;
- pants; and
- hats.
Trade Mark Application Costs
At the time of writing, the official fees payable to IP Australia for filing a Headstart trade mark application are $330 per class per application. This includes a pre-filing assessment (the ‘Headstart’ assessment) where an IP Australia examiner will consider whether your application will likely meet the registration requirements.
If you prefer to bypass the Headstart assessment, the fees would be $250 per class per application. Although, this is assuming you use IP Australia’s ‘picklist’ of pre-approved goods and services.
Additionally, some business owners prefer to seek legal assistance with their trade mark applications. In this case, legal professional fees may be payable in addition to the government fees.
Future Plans
Once you file your application with IP Australia, you will not be able to add additional classes of goods or services. Therefore, it is worth considering any other goods or services you intend to provide. Additionally, you may consider including those classes in your current application.
Costs to Enforce an Unregistered Trade Mark
Registering a trade mark can be a significant expense for some businesses, especially if you are starting. However, it is essential to note the potential cost of not protecting your trade mark. For example, if a third party misuses your trade mark, it can be significantly more expensive to defend your brand if you do not have registered rights.
Key Takeaways
As the owner of a clothing label, it is important to consider protecting your trade marks as soon as possible. Doing this will help to secure the exclusive rights of your brand. To get an idea of how much a trade mark application would cost for your business, you need to determine what goods and services you wish to cover. From there, you can calculate the filing fees payable to IP Australia.
If you would like assistance filing a trade mark application, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
We would recommend applying to register your trade mark straight away. However, it is important to note that, for simple applications with no issues, the approximate timeframe from the date of filing to registration is around seven to eight months. Therefore, if you are starting a clothing business, it is a good idea to begin the process as soon as possible.
Most businesses prioritise registering their business name and logo. However, you can apply to register any sign or symbol used to represent your business in the marketplace.
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