How much does a trade mark cost in Australia?

Intellectual Property, Business Planning

Protecting your brand with a trade mark is a crucial step for any business, but understanding the costs involved is just as important. In Australia, trade mark registration fees are set by IP Australia and can vary based on the type of application and number of classes (categories of goods or services) you select. 

 

Here’s a breakdown of the key IP Australia costs: 

 

Application Fees 

The cost of applying for a trade mark depends on the type of application. There are two application options:. 

  1. Headstart pre-application service (TM Headstart): Registering a trade mark through TM Headstart costs a minimum of $330. 
  1. Standard application process: A standard trade mark application costs a minimum of $250. 

 

Additional Classes and Costs  

If your trade mark spans multiple classes, you’ll need to pay the fee for each class. 

 

Renewal Fees 

Renewal of your IP right helps ensure your IP assets remain protected. 

If you don’t renew your IP rights on time, your protection will lapse. Once it does, you’ll lose all rights that come from registration. Trade marks must be renewed every 10 years, with a renewal fee of $400 per class. 

 

Other Costs to Consider: 

 

Other fees for IP Australia include: 

  • Opposition or Amendments: Filing an opposition, requesting an amendment, or seeking an extension of time starts at $250. 
  • Trade mark Removal: If you are looking to remove a trade mark from the trade marks register for non-use, it will cost at least $350. 
  • Unsuccessful Opposition: If your opposition doesn’t succeed, you may also have to cover the other party’s legal costs. 

 

Lawyer fees 

While there is nothing stopping you from filing a trade mark application yourself, engaging a trade mark lawyer to assist helps you avoid additional fees later down the track if you have lodged your mark incorrectly. We often come across clients that have lodged the wrong type of mark, or applied for a mark in the wrong class only to incur further fees to amend or redo the application. 

 

 

Key takeaways  

  • Ensure you know the fees before registering a trade mark. 
  • Trade mark expenses can vary based on the how many classes you are applying for. 

 

 

Gladwin Legal are experts in intellectual property law and have extensive experience in advising businesses. If you require assistance in lodging a trade mark or understanding intellectual property, please contact us at or 1300 033 934.