3 Ways to Save When Registering Your Trade Mark
Registering a trade mark can be expensive, and saving money during your trade mark registration process can help you allocate your business capital more deliberately. This article will explore some key considerations to think about before lodging your application if you want to save money when registering a trade mark.
1. Only Pick Relevant Trade Mark Classes
A good way to save money when registering your trade mark is to limit the amount of trade mark classes you decide to use in your application. You need to pay an additional fee for each extra goods and/or services class you include in your trade mark application. In addition to saving you money at lodgement, choosing the correct class saves you money because you will not need to respond to opposition claims filed by other parties.
For example, a single class trade mark application will generally cost you between $250 and $400. For each additional class, the cost increases. It may seem like picking more classes will afford you greater protection and benefits. However, this is not always the case. If your good or service is not operating in all of the classes you choose, then you may lose your trade mark in the unused classes if another party opposes your trade mark.
2. Use the Picklist When Lodging a Trade Mark Application
The picklist is an online database IP Australia provides to help you choose the relevant class for your trade mark. Trade mark applications made using the picklist attract lower fees. There are a few different types of applications that you can lodge. These include:
- standard applications;
- TM Headstart applications; and
- series applications.
If you lodge a standard application under a single class and use the picklist to decide which class to use, the application fee is $250. If you lodge a standard application without using the picklist, the fee is $400. This is the same for series applications (where you lodge a number of goods and/or services under the same application), which attract a fee of:
- $400 per class when using the picklist; and
- $550 per class when not using the picklist.
3. Lodge a Standard Application
Lodging a standard application using the picklist to choose your class will save you money, at least initially. However, you should be careful because it may end up costing you more in the long run if:
- you are not certain that you have provided enough information with your application; or
- you choose the wrong class.
If you have a small budget and you are certain that you will be able to progress a trade mark application without issue, then a standard application is a good option. Keep in mind that if a trade mark examiner opposes your trade mark application, you may need to obtain legal advice to assist you to properly respond.
You can continue to save money if you manage your trade mark well during the registration process and after registration.
During the registration process, you may be served with an adverse report requiring you to respond and provide more information. If you do this in a timely manner, you do not need to pay an extension of time fee. It is best to be prepared and respond quickly to any adverse report.
In addition to this, you need to renew your trade mark every 10 years. You have six months after the expiry of your trade mark to lodge your renewal fees. However, renewals outside of the 10 years attract a higher fee for each month you are late.
Before deciding to register your trade mark, you should consider:
- what goods and/or services classes you need to use in your application;
- whether your goods and/or services are listed on IP Australia’s picklist;
- whether you can risk potential opposition due to an incomplete application; and
- your budget for the trade mark application process.
Frequently Asked Questions
A standard application costs $250 per class if you use the picklist.
You should pick all the classes that are relevant to your business and the goods and/or services you provide to your customers.
It is advisable to use the picklist when lodging a trade mark application. This will save you money and ensure you accurately describe your goods and/or services.