How Much Does It Cost To Register an International Trade Mark?
A trade mark is a type of intellectual property (IP) that protects your business’ brand. Indeed, a trade mark allows you to distinguish your product or service from your competitors. Therefore, registering your trade mark has many benefits. It gives you exclusive use of your trade mark and helps you grow your brand. However, a trade mark registered in Australia will only give you trade mark protection within Australia.
This article will explain the different ways you can register your trade mark overseas. It will also outline the potential costs of registering your trade mark globally.
International Trade Mark Fees
The registration process and fees will differ depending on the country you are registering your trade mark in. Therefore, the method of registration you choose will also have an impact. For example, some potential costs associated with global trade mark registration include:
- WIPO filing fees;
- registration fees;
- legal fees;
- official fees; and
- handling fees.
Methods of International Trade Mark Registration
The cost to register a trade mark internationally will depend on the method you use. Indeed, there are two ways you can register your trade mark internationally:
- through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol; or
- directly through a country’s IP office.
International registration of your trade mark is valid for 10 years. After that, you will have to renew your trade mark for a fee.
The Madrid Protocol
The Madrid Protocol is a treaty that allows you to register your trade mark internationally. Indeed, it allows you to register your trade mark in multiple countries through a single application. Therefore, this makes registering your trade mark easier and more cost-effective.
There are currently 124 countries part of the Madrid Protocol. Therefore, if you want to register your trade mark in a country that is not part of the Madrid Protocol, you must register directly with that country.
Application Fees Under the Madrid Protocol
When filing your international trade mark application through the Madrid Protocol, there is a $100 handling fee. This is paid to IP Australia, Australia’s government agency that administers IP rights in Australia. This fee includes the costs of checking, verifying and passing on the application to the WIPO.
Once IP Australia forwards your application to the WIPO (headquartered in Switzerland), you must pay an international application fee.
The table below will outline the costs associated with the international application fee:
|Basic fee||Either CHF 653 or CHF 903 (Swiss francs), depending on whether there is any colour in your trade mark.||N/A|
|Complementary fee||CHF 100 for each designated country.||If the designated country requires an individual fee, you will be exempt from paying the complementary fee|
|Supplementary fee||When applying to register your trade mark, you will need to select which class of goods and services your trade mark falls under. Indeed, you can search to find out what class of goods or services your trade mark falls under using IP Australia’s trade marks classification search tool. However, if you register for more than three classes, you will have to pay an additional CHF 100 for each extra class.||If all designated countries you are registering your trade mark with have individual fees, you will be exempt from paying the supplementary fee|
|Individual fee||The cost of the individual fee varies between countries. Indeed, some countries require you to make several applications for protection in multiple classes or require filing and registration fees after an examination. However, the cost of the individual fee must be lower than the national filing and registration fees.||Some countries do not require an individual fee|
You can use the fee calculator available on the WIPO website to estimate the cost of your international trade mark registration. Furthermore, the search tool for the list of goods and services classes you can register your trade mark under can be found here.
The costs associated with registering your trade mark internationally vary greatly, depending on the number of classes and which countries you wish to register your trade mark with. Therefore, you must be very careful when completing the international application form. Indeed, once filed, you cannot extend your goods and services. Furthermore, you cannot make further changes except to designate other Madrid Protocol countries at a later date.
Frequently Asked Questions
Registering your trade mark has many benefits. Indeed, these include giving you exclusive use of your trade mark. Furthermore, they allow you to grow your brand. There is no legal requirement to register your trade mark, but above all, registration can prevent someone else from taking legal action against you if they register a trade mark that you are using.
You can register your trade mark internationally by either applying directly to the country’s IP office or through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol.
There are a range of factors that will impact the cost of registering your trade mark internationally. This includes the countries you are applying to and the number of classes you register your trade mark under.
The international registration of your trade mark is valid for 10 years. After that, you will have to renew your trade mark and pay the required fee.