27 Nov How Much Does it Cost to Register a Trade Mark in Australia?
Author: Ian Aldridge, Progressive Legal
It’s not as expensive as you might think…
In this article, you’ll get to know the cost of registering a trade mark in Australia and how, as a business owner, you can actually save money by getting advice from a trade mark lawyer before you file your trade mark application.
Need help filing your trade mark application?
Contact Progressive Legal below for expert trade mark advice and to get in touch with our team today.
REQUEST OUR ADVICEEngaging an expert or DIY?
It’s possible to apply for a trade mark without engaging a lawyer or an attorney. There is no obligation in having someone apply for a trade mark on your behalf.
However, we highly recommend you get advice from an expert to make sure the registration happens smoothly. The cost to register a trade mark will depend on the expert’s fees, the Government charges for the jurisdiction you wish to file an application in, and if any third parties have any objection with your mark (learn more about objections and oppositions). There may also be issues with trade mark infringements to consider.
In any case, we recommend that you always do a search on the trade mark register before filing an application to avoid issues down the track.
Trade mark costs Australia
In Australia, the cost to register a trade mark starts from $250 per class. If you’re filing a Headstart application the cost starts from $200 per class.
Full Government charges are listed below.
It’s recommended to search the IP Australia database to check there are no identical or similar trade marks already on the register.
In saying that, if you’re filing your application through the TM Headstart system, a pre-assessment application is filed and IP Australia undertakes a preliminary search to check if they anticipate there to be any problems with your application. This is a quick and cheap way to find out about any potential issues IP Australia will raise before you pay the full filing fees.
Trade mark search
Trade mark registers are generally public. Therefore it’s totally free to search and see if your trade mark is available. We can conduct a free trade mark search for you, if simply fill the contact form. We conduct these searches every day and we can provide you with advice on what to apply for and how to apply for your trade mark.
Government charges
In Australia, the Government charges depend on the type of application you choose, and the number of classes in which you wish to register your trade mark.
Standard trade mark application fees
Headstart application filing fees
Learn more about Government charges on IP Australia’s website.
Our costs for filing a trade mark application
We charge a flat fee $950 + GST + gov’t fees to file a trade mark, then $350 + GST admin fee for handling all the notices through filing, examination, acceptance, advertisement up to final registration.
Government charges are listed above.
Price breakdown
Our fees include all associated searches, advice and specification of goods and/or services to make sure your business is fully covered.
Be very wary of those law firms or IP attorneys that charge per class of business.
We understand why they would do this as it takes a bit longer for each application when extra classes are added, and activities need to be identified.
However, in our experience, it doesn’t truly represent the real time involved.
Additionally, it provides a disincentive for clients to get the protection that they need. i.e. if it costs more for extra classes on top of the government fees, then clients are likely not to get the full protection they need.
Trade mark application
(1 class)
Trade mark application
(2 classes)
Trade mark cost Australia – Enquire now
Contact us today if you require any assistance with filing your trade mark application.
(c) Progressive Legal Pty Ltd – All legal rights reserved (2019)
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.