Costs to Consider Before You Trade Mark Your Business Name

In Short

• Registering a trade mark in Australia costs $250 per class for a standard application with a picklist, $400 per class without a picklist, and $330 per class for a TM Headstart application.
• Hiring a trade mark lawyer can help improve your chances of success, but it will add extra costs. They help with preparing and filing applications and checking for existing trade marks.
• You might face additional costs, like renewals, objections, or registering your trade mark overseas.

Tips for Businesses

Before registering a trade mark, consider all the costs, including application fees and legal help. Think about how many classes your goods or services need, as fees apply per class. Using a lawyer can save you money in the long run by avoiding mistakes. Plan ahead for renewals and international registrations if you’re expanding.

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Table of Contents

• Official Government Fees
• Professional Assistance Costs
• How Many Trade Marks Your Business Uses
• Renewal and Maintenance Costs
• Objection and Opposition Costs
• International Registration Costs
• Marketing and Branding Adjustments
• Key Takeaways
• Frequently Asked Questions

When launching a new business or product, protecting your brand is crucial. Registering your trade marks is one of the most effective ways to safeguard a key piece of your intellectual property. While putting in the effort to understand the application and registration process is valuable, you must also understand the various costs involved. This article will explore the financial considerations you should think about before you trade mark your business name in Australia.

Official Government Fees

The first and most apparent cost is the official fee, which is charged by IP Australia. This government body is responsible for assessing intellectual property rights. As of 2024, the fees for filing trade mark applications are:

1. Standard application with picklist: $250 per class;
2. Standard application without picklist: $400 per class; and
3. TM Headstart application: $330 per class.

It is important to note that this fee is non-refundable, regardless of whether your application is successful. The costs can quickly add up if you are filing in multiple classes. 

Professional Assistance Costs

While it is possible to file a trade mark application yourself, many businesses 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.

The professional costs associated with trade mark applications include the lawyer’s time and expertise in preparing, drafting and filing your application with IP Australia. Preparation may also include comprehensive searches of IP Australia’s trade mark register to ensure your proposed trade mark does not infringe on existing registrations. These types of 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 the complexity of your situation and the quality of the service provided. Some professionals charge a fixed fee, while others bill by the hour. At LegalVision, our team of trade mark lawyers can assist our members with preparing and filing an unlimited amount of Australian applications. 

How Many Trade Marks Your Business Uses

There are different types of trade marks, and most businesses will use at least a few. You might apply for the word trade mark and the logo you trade with. Often, businesses will have different logos, and they can often have different brands under their overarching trade mark.

Much like how the official fees can add up according to how many classes are relevant to your trade mark, costs can add up quickly when you are looking to apply for two or three trade marks compared to just one.

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 2024 is $400 AUD per class. It is important to factor these long-term costs into your budget.

Objection and Opposition Costs

Legal costs can quickly escalate if you need to address an objection raised by an examiner or someone opposes your trade mark application. While these are not upfront costs, preparing for potential objections or issues is wise. In particular, 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, consider the costs of protecting your trade mark internationally. Whether you choose to file directly in your countries of interest or whether you choose to file a Madrid Protocol application via the World Intellectual Property Organisation, applying for trade marks globally can be much more expensive than filing only in Australia.

Marketing and Branding Adjustments

If your trade mark application is unsuccessful, you may need to rebrand. This can involve significant costs in terms of new marketing materials, packaging redesigns, and potential loss of brand recognition. While not a direct cost of the application process, it is an important financial risk to consider.

Trade Mark Essentials

This guide explains the essentials of trade marks and the steps required to register a trade mark.

Download Now

Key Takeaways

Applying for a trade mark in Australia is an investment in your brand’s future. While the costs can be substantial in some cases, a registered trade mark’s protection and exclusive rights can be invaluable for your business. By carefully considering these financial aspects before applying, you can budget effectively and make informed decisions about your intellectual property strategy.

The costs to be aware of with trade mark applications are:

1. government filing fees;
2. professional legal fees;
3. renewal and maintenance fees; 
4. costs for dealing with potential trade mark objections, oppositions or disputes; 
5. international trade mark registration fees; and
6. marketing, advertising and branding costs.

While the upfront costs may seem daunting, the long-term benefits of trade mark protection often outweigh the initial investment. Always consult a legal professional to understand how these costs apply to your specific situation and develop a strategy that aligns with your business goals and budget.

If you need help understanding the financial considerations before trade marking your business name, 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