The services needed to register your trademark will depend on what your situation requires. You can only assess the cost when you know what steps you need to take to register your intellectual property.
You can use the following figures as a guide.
Fees are based on IP Australia’s government charges and the rate quoted by a professional assisting you with the application. You can realistically look at a total cost of $627 (ex GST) when you register a trademark. This is for a single class of goods or services and assumes there are no objections or other complications.
The professional service included in this total cost should consist of a trademark search before you file your application. You need to confirm that your product or service does not already ‘belong’ to another entity.
A factor that could affect the professional fee is the number of services or goods that you lodge in your application. Once you’ve filed, you can’t expand the scope of the trademark when you have a new product or service on offer. A request for an additional class could cost you an extra $200 (ex GST) in IPA Australia fees and professional fees.
The next step is the advertisement. If your application has been accepted, it will be advertised to determine if there is anyone who has the right to oppose it. This will happen about five months after you file. If there are no objections within 7.5 months of filing, your trademark will be registered automatically. There are no professional or other costs in this process.
If you need to request a time extension to respond to an opposing report (filed before or after the deadline) or more time to pay the registration fee or late renewal fees, you will be charged a government fee of $297 (ex GST).
If you encounter a situation where your trademark registration is opposed, or you want to take legal action against someone infringing your rights, you can expect to pay the following government fees. You may need to pay for additional professional help too.
- Cost of filing a notice of intention to oppose removal of registration for non-use: none
- Cost of filing a notice of opposition to a time extension or amend application: $250
- Cost of extending time to file a notice of intention to oppose or submit a statement or file a notice of intention to defend: $150 a month
- Cost of applying for removal of a trademark for non-use: $250
- The cost to request or attend a hearing as the opposition ($600), or as other ($400)
- Cost of filing written submissions when not attending a required hearing: none.
A trademark renewal fee has to be paid every ten years. The government costs are $400 for single classes and the same for additional classes. The professional fees will be about $297.
When registering a trademark internationally, there are also professional and government fees, but they’ll vary according to the number of territories that you submit applications. The costs will also vary depending on the trademark professional that you work with and if you apply through the individual country’s office or apply through an international treaty.
The fees involved in registering your intellectual property and maintaining your trademark is costly, but you are investing in the reputation of your business as well as protecting it legally. If your product or service is not trademarked, it can be used by a trader that’s not authorised to do so. If your mark is not protected and another entity files and can prove extended use, trademark law recognises their rights over yours. This means any legal action will be at your cost.
To get started, perform a free trademark search here.