Costs to Consider Before Registering A Trade Mark

George Raptis

• 17 January 2022
• 7 April 2022
• 5 min read

Many trade mark applicants are unaware of the different costs and fees involved when registering a trade mark. Without considering these fees, you could find yourself spending more on a trade mark than you had anticipated. To avoid this, this article outlines some of the costs you should consider before registering a trade mark. 

Trade Mark Application: TM Headstart or Standard Application?

There are two main application pathways to registering a trade mark via IP Australia’s online services. If you cannot submit your application online, a higher fee structure will apply. 

A TM Headstart application involves a pre-assessment of your application before you formally apply for a registered trade mark. That is to say, under a TM Headstart application, an expert examiner can identify any potential issues in your application. This gives you the chance to make amendments to your application before you decide to formally submit it for IP Australia’s review. Although using a TM Headstart application does not guarantee IP Australia will register your trade mark, it can help you identify potential issues in your application.

On the other hand, a standard application does not entitle you to the same pre-assessment service as a TM Headstart application. Instead, you only receive an immediate filing date for your application. Depending on the outcome of your application, approximately five months later, IP Australia will either issue an examination report outlining issues or formally accept (and eventually register) your trade mark. 

Since both applications involve different processes, their fees differ. 

TM Headstart Costs 

A TM Headstart application involves a two-part payment process. 

Part 1

Part 1 includes the following fees: 

• $200 for a new request per class;
• $150 for a new representation per class; and
• $200 as an additional class fee per class.

In this sense, the more trade mark classes you include in your application, the more costly your application. When you file for a trade mark, you must register it in connection with at least one (and possibly numerous) specific classes of goods and services. For example, if you wish to register a trade mark to protect your paint business’ brand, you would likely include class 2, which covers painting goods, and class 16, which covers goods relating to art supplies, in your application. Additionally, any amendments you make, such as including an additional class, will incur an additional fee.

Part 2

Once you have paid your Part 1 fee and have received an assessment result from the examiner, you have the option to formally file your application and receive a filing date by paying the Part 2 fee. This includes a $130 fee per class. 

Standard Application

The fees related to a standard application will differ depending on whether you use the trade mark picklist or not. The trade mark picklist groups common goods and services provided under a trade mark and protected by trade mark registration. If you use the picklist in your trade mark application, your application will cost $250 per class. 

However, if your goods and services cannot be described by the picklist’s pre-approved goods and services items listed. In that case, you may have to submit a trade mark application that does not reference the picklist but instead utilises a tailored and specially drafted specification. In this instance, your application will cost $400 per class. 

Additional Fees

If you filed your trade mark application after 10 October 2016, there is no longer an additional fee to register your trade mark. However, the following actions can attract different fees.  

Legal Fees

When registering a trade mark, you might also seek legal advice. Whilst law firms traditionally charge an hourly rate for their services, some firms have begun charging clients on a membership service. This grants access to lawyers to answer trade mark questions, as well as help with drafting and reviewing documents. If you would like to find out more about our membership structure for registering a trade mark, give us a call on 1300 657 423 or complete the form on this page. 

Key Takeaways 

The costs involved in registering a trade mark will generally depend on the:

• type of application you submit to IP Australia; and 
• number of classes you include in your trade mark application. 

In addition to your application fees, you should also consider any legal costs if you decide to retain a lawyer to help you register your trade mark. In saying that, our experienced trade mark lawyers would be happy to assist. Call us on 1300 657 423 or complete the form on this page. 

Frequently Asked Questions