Trademarking, like most things, comes with a cost. The cost of registering a trademark depends upon how many classes you register it under and the application method you decide to use.
Trademarks are considered to be things that identify the particular goods or services of a trader as distinct from those of other traders, e.g. logos, words, letters, numbers, a phrase, sound, scent, packaging etc. You can trademark the name or branding of the company you intend to develop. If your business name and logo is a valuable asset, it is highly recommended you apply and register it as a trademark through IP Australia.
Selecting an Application Method
Upon registration, you will need to select your application method using either the TM Headstart service or the Standard filing service. Both methods have different cost structures.
The Standard Filing Service
Applying for a trademark using the standard filing service is cheaper as the starting cost is $250. However, it may cost you more in the long run if your application is filed with mistakes because it is not refundable. Disparate from a TM Headstart, there is no pre-assessment by an examiner, creating a greater risk for mistakes to be made.
When you file a standard trade mark application it is made publicly available very shortly after you file your application. Once it is published only very minor changes can be made. When applying, you can choose to either use the picklist or not. Applying with the picklist will be cheaper.
Also series trademark applications are nearly double the price as the starting cost is $400. A series trademark involves two or more similar trademarks on the same application.
TM Headstart Service
This service is a quick turnaround assessment which gives you an indication of whether your trade mark is likely to encounter any problems to its registration before you publicly file. Unlike the standard filing service, this method involves a two stage process and a two part payment.
Part 1 involves a trade mark examiner assessing your request and collating an assessment results report; sent to you within five working days. This method assists you with identifying potential barriers to registration that your trade mark might face. The starting cost for Part 1 is $200 per class.
Once you have paid your Part 1 fee and you have received an assessment result, you are given the option to formally file your application and receive a filing date by paying the Part 2 fee. This fee is $130 per class.
Thus, the TM Headstart method costs extra then the standard method due to the assessment services provided. The total cost starts at $330. However, it may cost less in the long run because the two part process better safeguards you from making mistakes in your non-refundable application.
TM Headstart is a fast turnaround service imposing strict timeframes. You are only given five working days to consider your options before your assessment discontinues. If the strict deadlines are impractical for you then consider lodging your trade mark application through the standard trade mark application process.
Alternative Ways…
The above application methods are submitted online. While these methods are strongly encouraged, if you are unable to submit an application online then the option to submit an application via the post is available but a higher fee structure applies.
A trademark application via post will involve a fee of $350 per class. A series trademark application will incur a higher fee of $500 per class.
Register a Trademark
It is the actual filing of the application which costs. Acceptance of application is distinguished from registration. Once an application is accepted and has gone through the proper procedure, you are entitled to register your trademark which requires no fee at all.
Additional Classes
The cost will increase if you wish to request an additional class of goods or services to be included in your trademark application:
- $350 per class for a standard trademark application
- $500 per class for a series trademark application
The total cost of your application is based on the amount of trademark classes you select. Note that you’re not able to increase the original number of classes registered once you’ve filed your application. Only through the TM Headstart process are you able to amend your application before filing. Thus, you will need to file a whole new application in the future should you need to cover new classes.
Cost of Extensions
Any extensions needed during the trademark application will require additional fees. The fee varies depending on the nature and reason for the extension of time needed. This is particularly relevant when applying through the TM Headstart method, where there are strict time limits imposed.
A request for an extension of time to respond to an examiners report where the final date of acceptance has not yet passed; will cost $100 for each month the extension is being sought. The same fee applies for a request for extension of time due to special circumstances. Request for extension of time due to circumstances beyond the control of the person concerned will cost only $100.
If you need any assistance, our trademark lawyers are here to help. You can call us on 1300 337 997 or complete the form on this page.
Phil is a director at OpenLegal. He has over 16 years experience working in private practice and in-house counsel in Sydney and London, giving him expertise in employment law, IP, finance, leases, dispute resolution, insurance and contracts.
Raymond is a legal intern at OpenLegal, working with our legal content team. He is currently a penultimate student at the University of Technology Sydney, studying a Juris Doctor degree with an undergraduate Bachelor of Global Studies. He is particularly interested in Intellectual Property law and the increasing internationalisation of that area of business.
