Can I Trade Mark a Name for Free?

Angus

• 3 August 2021
• 4 August 2021
• 5 min read

The cost of registering a trade mark is determined by the type of business you have and the specific items or services you want to protect with your trade mark. It is commonly suggested that you hire a trade mark attorney rather than relying on doing it for free yourself. An attorney can save you money and offer you the peace of mind that you are giving yourself the best chance of success. And, more importantly, that you are protecting your brand properly. If no difficulties or objections are discovered, an application to register a trade mark in a single class of goods or services will cost you between $250 if you do it yourself or $1500 if you hire a lawyer. In a simple case, that is the entire amount you would spend to register for ten years.

If you are wondering whether you can trade mark a name for free, this article will explore some of the key considerations to think about before you either pay for one or rely on a free trade mark.

Applying for a Trade Mark

The overall cost of your application is determined by the number of items or services you choose. These categories are based on the products and services associated with your brand. You will not be able to expand the initial capacity of goods or services once you have submitted your application. However, you will be able to file further applications if you need to cover new or additional items and services in the future.

Registration of a Trade Mark

Your trade mark acceptance will be publicised for opposition purposes about five months after your trade mark application is accepted. Other parties now have the option to object to the registration. Your trade mark will be automatically registered if no objections are received within the specified deadline. From filing to registration, it takes at least seven and a half months. Also, in Australia, there are no longer any ‘second part’ costs to pay to complete this procedure.

Cost of Extensions

Any trade mark extensions that are necessary will entail extra costs. These differ based on the nature and cause for the desired time extension. Therefore, it is a good idea to contact a trade mark specialist to assist you to fulfil your deadlines. Further, extensions are usually subject to a government charge of $100 per month/per trade mark. Legal costs will also vary depending on the type of extension and if a declaration is required.

Trade Mark Oppositions

There will very certainly be additional expenses if you face any resistance throughout the registration procedure. Or, there may be additional expenses if you choose to challenge another person’s trade mark application. Further, there might be a number of official costs and professional fees for aiding with these processes. These are complicated affairs, and the costs might vary significantly based on the: 

• kind of action;
• parties involved; and
• discussions to be held. 

Renewing a Trade Mark

After your trade mark is registered, you must pay a renewal fee every 10 years before the expiration date to ensure that you have unlimited protection. Many business owners are increasingly taking advantage of the worldwide market. There are a lot of government and professional costs to consider if you need an international trade mark. The prices will vary depending on:

• the number of countries in which you intend to apply;
• the trade mark specialist you choose to assist you with the procedure;
• whether you apply through the Madrid Protocol or through each country’s trade mark office; and
• the quantity of different types of commodities or services that are involved. 

Once renewed, you will maintain your protection into the future.

Key Takeaways

Before deciding whether you can trade mark a name for free, you should consider:

1. that you cannot really trade mark for free as there are other costs involved; and
2. look at the costs associated with registering, renewing and maintaining a trade mark.

A single class standard trade mark application through our office will include government fees, professional fees, and GST, and will completely register your trade mark in Australia for a period of 10 years, assuming no objections or oppositions. If you have any questions about obtaining a trade mark, contact our trade mark lawyers on 1300 657 423 or fill out the form on this page.

Frequently Asked Questions