How Much Does It Cost to Trade Mark a Logo?
Protecting your logo by registering a trade mark is an important way to expand your business and ensure brand protection. In Australia, you need to lodge a trade mark application if you want to:
- have exclusive use of your logo; and
- prevent third parties from using your logo.
This article explains the costs associated with applying to trade mark your logo with IP Australia.
What Types of Application Are There?
Generally, there are two types of applications you can make to trade mark your logo. These are a:
The TM Headstart Application provides a quick assessment of your application prior to formal filing, and is lodged using IP Australia’s online services and the pick list. With the TM Headstart process, your request will not be published until you pay the Part 2 fee (set out in the table below). This means you can alter your trade mark or include new classes in the application. However, it is worth noting that when filing a TM Headstart Application you must use the picklist.
The Standard Application is the normal route for applying to register your trade mark. If you decide to use this process, there is limited scope to amend your application after filing. When you file a standard trade mark application it becomes 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 pick list or not. Higher fees are associated with not using the pick list.
What Are the Fees for the TM Headstart Application?
A TM Headstart Application is an online pre lodgement assessment that helps you ascertain whether you are going to have any issues with registering your trade mark before you formally file your application.
The first step of a TM Headstart Application is to pay your Part 1 fee, as set out in the table below.
|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|
What Are the Fees for a Standard Application?
You can lodge a Standard Application online either with or without the pick list. There are additional fees for lodging a Series Application, as set out in the below table.
|Trade mark application – using pick list||$250 per class|
|Trade mark application – not using pick list||$400 per class|
|Series trade mark application – using pick list||$400 per class|
|Series trade mark application – not using pick list||$550 per class|
What If I Cannot Lodge Electronically?
IP Australia prefers electronic or online applications through their website. If you are not able to do this, there are options to lodge an application by mail according to the fees set out below.
|Trade mark application (paper)||$450 per class|
|Series trade mark application (paper)||$600 per class|
What Does an Application Need to Include?
Whether you decide to lodge a TM Headstart Application or a Standard Application, you must include:
- your contact details, including the name of who owns the trade mark. This needs to include the address that IP Australia can serve you notice at. Generally, and unless you are applying from overseas for an international registration, this will need to be an Australian address or a New Zealand address. Often this is the address of the law firm acting on your behalf;
- a clear representation of your logo. IP Australia has a number of image requirements, which you can access on their website;
- a description of your goods and services subject to the application;
- a list of the classes that apply to your goods and services; and
- any application fees.
Why Should I Trade Mark My Logo?
Trade marking your logo protects the intellectual property in your brand identifier. If you have a registered trade mark, nobody else can legally use your trade mark. This has the benefit of preventing costly and lengthy legal disputes regarding use of your logo.
When registering your trade mark, you can use either the TM Headstart Process or the Standard Process. If you are new to registering and managing intellectual property rights, the Headstart Process may be useful to get an idea of what you need to address before proceeding to Part 2. If you require more trade mark legal assistance, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
Yes, you need a registered trademark to proactively prevent third parties from using your trade mark.
It will depend on the type of application process you decide to use. The TM Headstart Application will cost you $330. The Standard Application process, for an online and single class application will cost you $250.
It will cost you $450 to lodge your trade mark application offline, for each class you have.
You can use as many classes as are necessary to appropriately protect your intellectual property in your goods or services. However, be careful not to use too many, it will end up costing you a lot of money, with potentially no greater legal protection.