In Australia, registering a business name through the Australian Securities and Investment Commission (ASIC) doesn’t grant exclusive ownership. To protect your brand, you need to register a trade mark. This article explains the costs and types of trade mark applications.
This pre-lodgement assessment identifies potential issues before formally filing an application. The table below shows the fees:
|TM Headstart new request – per class (Part 1 fee)||$200|
|TM Headstart new representation – per class (Part 1 fee)||$150|
|TM Headstart additional class fee – per class (Part 1 fee)||$200|
|TM Headstart – per class (Part 2 fee)||$130|
You have five business days to respond to assessment issues, or the application will discontinue.
This can be lodged online with or without a picklist. Fees are as follows:
|Trade mark application (using picklist)||$250 per class|
|Trade mark application (not using picklist)||$400 per class|
|Series trade mark application (using picklist)||$400 per class|
|Series trade mark application (not using picklist)||$550 per class|
If you can’t lodge electronically, you can submit by mail:
|Trade mark application (paper)||$450 per class|
|Series trade mark application (paper)||$600 per class|
Your brand is precious. Protect it by registering a trademark. In Australia, it’ll cost you $1500-$2000. Let’s explore the process.
Just like in the US, registering a trademark in Australia is simple with an experienced attorney.
Step One: Search IP Australia for existing trademarks. Make sure your brand isn’t already registered. This step is crucial for your application’s success. Trademark search is free, but attorney fees apply.
Step Two: Determine your product’s class. There are 45 classes of goods and services. Choose wisely, as you can’t expand the list later. IP Australia provides a picklist of 60,000 descriptions to help. More classes mean higher costs.
Step Three: Submit your application online through IPAustralia.gov. Include your details, trademark representation, goods or services description, relevant classes, and pay the fee.
The process is straightforward, but hiring an attorney can make it even smoother.
Trademark costs depend on the number of classes and the application method.
Remember, the more classes you choose, the higher the cost.
As a business owner, registering your trade mark in Australia is essential. Before you apply, consult with Australian intellectual property law experts to ensure a valid application and no infringement of other trader’s rights.
Goods and services are classified into 45 classes for trade mark registration. Fees are paid per class, and the number of classes your application falls within determines the cost. Using the “pick list” of preset goods and services reduces fees.
Hiring a registered trade mark attorney can help reduce overall fees and improve the chances of success for your application. For a single class application, expect to pay between AU$800-$1,100, inclusive of professional, government services, and GST.
IP Australia takes about 4-5 months to examine trade mark applications. Once accepted, it’s advertised for opposition purposes with a two-month opposition period. If there are no oppositions, registration should follow within a few days.
IP Australia may issue an adverse report if there’s an objection to the trade mark application. Seek expert advice from intellectual property lawyers before responding. Typical fees for advice and responding to the examination report range from $1,500 - $2,000 plus GST.
If you want to oppose a trade mark application, consult intellectual property lawyers for assistance. Additional charges apply, including IP Australia filing and hearing fees.
There’s no such thing as a global trade mark since they are jurisdiction-based. To obtain overseas trade marks, use WIPO to designate countries of interest. Fees are charged per mark, per class, per country basis.
Trade marks act as both a sword and a shield. They add value to your business when selling it. File a trade mark application as soon as possible to avoid issues caused by other traders using your brand.
Registering a domain name is crucial for your online presence. If you’re considering registering a domain name and trade mark to protect it, consider the following costs:
Check your domain name availability and have an ABN or ACN before registering. .au Domain Administration Ltd (.auDA) is a reputable registrar, and the wholesale price for a “.au” domain name is $8.67/year, including GST.
Protect your domain name using registered trade marks. IP Australia offers two main application pathways:
TM Headstart Application: Get a pre-assessment from an expert examiner at IP Australia. Pay a $200 fee per class of goods and services for Part 1, then a $130 fee per class for Part 2 after receiving examination results.
Standard Trade Mark Application: IP Australia reviews applications after filing (about 4-5 months). The cost is $250 per class if you use the trade mark picklist, or $400 per class without it.
Consider hiring a lawyer to help you register your trade mark, as the process can be complex.
When protecting a domain name via a registered trade mark, consider the costs of domain name registration, trade mark registration, and legal fees.
A ‘trade mark’ under Australian law is a sign used to distinguish one’s goods or services from others. Signs can include letters, words, names, signatures, numbers, devices, and more.
There are three types of trademarks: defensive, certification, and collective.
Australia is a ‘first-to-use’ jurisdiction, meaning that rights can be established in unregistered or ‘common law’ trademarks. However, asserting these rights can be difficult without a trademark registration.
Australian law doesn’t explicitly recognize famous or well-known trademarks, but those with a substantial reputation in Australia get broader protection. Reputation may be proven through high sales volumes or extensive advertising and promotion.
Trademark applications are filed electronically through IP Australia’s online services portal. No documentation like a power of attorney or certificate of good standing is required.
There’s no separate regime in Australia for online trademark protection. The Australian Domain Name Authority (auDA) is responsible for licensing domain names. A domain name may be registrable as a trademark if certain conditions are met.
Parody is not a statutory defense to trademark infringement. However, mere reproduction of a trade mark in creative content may not amount to infringement if the mark isn’t used as a ‘badge of origin.’
Using another’s trade mark as a keyword in Australia is allowed after a High Court decision. However, infringement may occur if the use of the trade mark in search results amounts to its use as a trade mark.
Separate registration systems exist for these names, and registration doesn’t automatically prevent others from using the name. Registering a valuable name, brand, or sign as a trade mark is advisable.
To apply for a trade mark, you need to:
The applicant can be an individual, a company, an incorporated club or association, an incorporated entity, or any combination of these. Trusts, business names, trading styles, unincorporated associations, clubs, partnerships, or societies can’t apply since they don’t have a legal personality.
Unincorporated associations can own collective trade marks.
The full name of each joint applicant, whether individual or company, is required. They shouldn’t be captured as one single applicant.
The full name of the individual is required. A family name and a given name are enough, but a family name with only an initial is not.
Australian partnerships usually can’t be listed as trade mark owners. Each partner needs to be listed as a joint owner instead.
Associations may be incorporated under state laws or registered under Commonwealth legislation.
The full company name is required, along with its Australian Company Number (ACN) or Australian Business Number (ABN).
The traditional form of a government department’s name is “The Crown in Right of the Commonwealth/State of X (followed by the department name or c/- the department name).”
These bodies can apply for trade marks. Reference should be made to the authority under which the instrumentality functions.
These entities can apply for trade marks. If unsure, consult your team leader.
Believe it or not, you can get a trademark for free. Just pick a brand name, launch a product or service, and you’ve got legal rights to that name.
No need to register with the government. The trademark is automatic. But remember, unregistered trademarks have weaker legal protection. Defending them in court can be tough. Registering your trademark gives stronger protection.
Registering also helps you avoid legal battles. If your trademark is too similar to another, the registration office will reject it. That’s one less headache for you.
For startups, the cheapest and fastest way to register a trademark is online, through the United States Patent and Trademark Office (USPTO) website. It usually costs around $225 per class of goods or services. But be patient—the process takes months.
Before registering, search for existing trademarks. Make sure your mark is available. And consult a trademark attorney for guidance. They’ll help you navigate the process smoothly.
You can apply for a trademark without a lawyer or attorney. But should you? It’s worth considering expert advice for a smoother registration process.
Intellectual property lawyers specialize in trademarks. They know the ins and outs of the field. If you’re thinking about registering a trademark, it’s a good idea to work with one.
Registering a trademark yourself might save you money, but it can be complicated. Mistakes or changes could cost time and money later on. A trademark expert helps you avoid these issues and makes the process hassle-free.
We recommend hiring a trademarks attorney or an experienced IP solicitor.
DIY trademark applications can go wrong. You might not get the protection you need, leading to costly re-registrations or an inability to stop others from using similar brands. DIY applicants often face obstacles during examination and might abandon the process.
A qualified trademarks professional ensures you have options and guides you through any challenges.
A lawyer with trademark experience can help, but make sure to check their qualifications. It’s best to work with someone who specializes in trademarks, rather than a general lawyer.
Clients sometimes receive incomplete advice from general lawyers. Trademark attorneys know the trademark process and can advise on various trademark law issues. They help clients develop a long-term trademark strategy.
A good trademark attorney helps you see the big picture. They’ll guide you in making the right moves and avoiding risks. Choosing an expert ensures peace of mind.
Remember, trademarks are important for your business. Don’t take shortcuts. A qualified trademarks attorney will protect your brand and help you navigate the complex world of trademark registration.
Trade marks in Australia are protected for 10 years and can be renewed every decade for a fee. You can renew 12 months before the due date or up to 6 months after, but late fees may apply.
Australian trademarks are governed by the Trade Marks Act 1995 and Trade Marks Regulations 1995. These laws ensure consistency with international practices.
A trademark must be a sign used or intended to be used to distinguish goods and services.
Signs can include letters, words, names, numerals, shapes, colors, sounds, and more. They can be grouped into categories like colors, sounds, and shapes.
Color trademarks are recognizable hues, like Cadbury Chocolates’ deep purple (TM #779336).
Sounds must be graphically represented, typically through sheet music, to be registered.
Shapes can take various forms, like the shape of goods, packaging, or 3D objects related to goods. Examiners use a series of questions to determine if a shape is distinctive enough.
To register a trademark, you must show use or intent to use, preventing “squatting” on trademarks.
Trademarks must be capable of distinguishing your goods or services from others, as required by section 41(2) of the Act.
Registered trademarks are owned by the registered owner, whose name appears on the trademark registration.
Trademark owners have exclusive rights to use the trademark, authorize its use by others, and deal with it as they see fit. They can also seek relief in case of infringement.
To apply for a trade mark, you must:
The minimum filing requirements include:
The application must show that you seek to register the trade mark. Examples:
The application must specify the applicant’s name:
The application must include enough information for the Registrar to contact the applicant:
The application must clearly show the trade mark:
The application must specify at least one good or service: