For standard trade mark applications, it usually takes around 7.5 months from the date that the trade mark application is filed to the date that the Certificate of Registration is issued.
That might seem like a long time to anyone to obtain protection. But you actually obtain protection as soon as you obtain the filing date of the application. So you have more rights as of that date.
After filing a normal trade mark application, you will receive a notice of filing within a few days. You’ll obtain confirmation from IP Australia that the mark has been applied for and a priority date allocated.
From there, it usually takes 2 or 3 months for the mark to be formally examined by a trade mark examiner, at which point they will indicate whether IP Australia has any objection to the mark, or if IP Australia thinks anyone else would have an objection.
If all clear, then it proceeds to the advertisement stage for a period of 2 months, which allows others the opportunity to object to the mark if they have an objection.
If there is a problem with the mark at the examination stage, an examination report will be provided and give you the opportunity to respond to the objections depending on what they are.
The Head Start application speeds up the examination process to 5 business days. But the entire process is still the same amount of time. It just speeds up the initial examination of the mark. And after 2 months, they simply do a “top-up” search to make sure nothing has changed in those 2 months.
The early assessment allows you to cure any potential defects prior to lodging the formal application (afterwards it can be difficult to amend in any significant way). It’s completely confidential and no-one will see your proposed Trade Mark until you are ready to file. You can also discuss these issues with the assessing officer after you receive the report.
The quick turnaround gives the modern fast-paced entrepreneur more comfort in using their business name / logo / slogan in the marketplace and not having to wait months before the normal application is assessed.
We charge a flat fee $850 + GST + government charges to file a trade mark, then $275 + GST for ongoing management of the trade mark up to final registration.
The government charges are $330 per class per application for a headstart application and $250 per class per application for a straightforward application.
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