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How Much Does It Cost to Register a Trade Mark in Australia?

How Much Does It Cost to Register a Trade Mark in Australia?

This guide will help you understand the costs involved in the trade mark registration process and assist you in making an informed decision when registering your trade mark in Australia.


What Determines the Cost of Registering a Trade Mark?

The cost of registering a trade mark depends on several factors, such as:

  1. The Application Type: Whether you use the TM Headstart service or file a standard application.
  2. The Number of Classes: Trade marks are categorized into classes based on the goods or services they cover. Each additional class incurs extra fees.
  3. Professional Assistance: Costs vary depending on whether you file the application yourself or engage a trade mark attorney or lawyer.

Trade mark registration costs in Australia

IP Australia Trade Mark Fees: Standard Applications and TM Headstart requests

IP Australia charges fees based on the type of application you submit and whether you are selecting the goods and/or services from the standardised list of goods and services (Picklist). Below is an overview of IP Australia’s fees as of 16 January 2025:

Application Type Cost per Class  
TM Headstart (must use Picklist) AU$ 330
Standard Application – using Picklist AU$ 250 Most Popular
Standard Application – no Picklist AU$ 400

TM Headstart is a service from IP Australia that helps you check if there might be problems with your trade mark application before it’s officially filed. It’s done in two steps: first, an examiner reviews your application and gives feedback on any potential issues. You only pay $200 for the first part. If everything looks good, you move to the second step, which costs another $130, where the trade mark is officially filed. This service is a great way to quickly spot and fix issues, saving you time and money in the long run.


Additional Costs to Consider

Service Cost
Professional Filing Assistance (Optional): Varies
Dealing with objections: Varies depending on the nature of the objection raised
Extensions of Time, if required: AU$100 per month per class
Oppositions or Disputes: Case-dependent; legal fees may apply

Key Considerations When Budgeting

  1. Future Proof Your Application: Include all relevant classes to cover your business activities. Avoid limiting your application to save upfront costs, as adding classes later requires a new application.
  2. Monitor Deadlines: Extensions of time add to the cost, so aim to meet IP Australia’s deadlines promptly.
  3. Avoid Common Pitfalls: Improperly filed applications can lead to rejection or costly disputes.

Why You Should Engage a Trade Mark Attorney in Australia?

Registering a trade mark in Australia can be complex, with legal nuances under the Trade Marks Act 1995 (Cth) that may not be obvious to first-time applicants. A trade mark attorney provides expertise in ensuring correct coverage for your business, accurate classifications, and avoiding common pitfalls that could lead to costly rejections or disputes. Additionally, they can conduct comprehensive clearance searches to identify potential conflicts before you invest money and time in your brand. While self-filing may seem cost-effective initially, engaging a trade mark attorney minimizes risk and ensures your application has the best chance of success.

For further information or assistance, contact Aparna Watal.

 

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