Cost to register trademark in australia [With Tutorial]



Last updated : Aug 18, 2022
Written by : Rosendo Bermejo
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Cost to register trademark in australia

How much does trademark registration cost?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

How much does it cost to register a copyright in Australia?

Unlike trade mark protection, there is no system of registration for copyright protection in Australia - it is free and automatic.

How long does it take to register a trademark in Australia?

It will take a minimum of 7 and a half months to register a trademark in Australia. Finding out as much as you can about trademark registration can help to clarify and map out a timeline to complete this process.

How long does a trademark last in Australia?

A trade mark is protected in all Australian states and territories for an initial period of 10 years. It can then be renewed every ten years, for a fee. You can renew your trade mark registration 12 months before the renewal date or up to 6 months after. If you renew after the due date you may have to pay a late fee.

Do I need to trademark my business name Australia?

Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company.

Can I register trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Can an individual apply for a trademark?

Trademark registration can thus be obtained by individuals or businesses or not-for-profit organisations. However, each of the different class of persons or entity have different requirements while filing a trademark application.

How do I copyright a brand name in Australia?

  1. know the type of trade mark you're applying for.
  2. understand the classes of goods and/or services your trade mark should be registered for.
  3. take note of the class number (heading) and the goods and services terms before you start the online application.

Is copyright free in Australia?

The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Do I need to register my logo in Australia?

A trade mark formally protects your intellectual property. To protect your logo, you must first register it with IP Australia as a trade mark. Trade mark protection is fairly straightforward, but can sometimes be tricky.

Is it worth it to trademark a logo?

Trademarks protect words, names, symbols, sounds and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

What is the difference between TM and R in Australia?

Once your trade mark is registered, you can display the ® (R) symbol next to it whenever it is used. This symbol is different to the ™ (TM) symbol, which can be used for any trade mark, even if it has not been registered. It is illegal to use the ® (R) symbol if you have not registered your trade mark.

Can I use TM on my logo Australia?

You can produce a trade mark and use it to promote your goods and services without registering it. You can even add a TM (for trade mark) to your product labels. This is not illegal but such trade marks have no registered, intellectual property (IP) protection. Only registered trade marks can carry the ® symbol.

What can I not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

What is the difference between a trademark and a business name?

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

Can I trademark my logo?

A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

What is the difference between a brand name and a trademark?

The brand name is simply how the business chooses to be identified. Trademarks, also called service marks, are marks that carry legal weight in terms of representing a brand, often a business and its goods and services.


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Cost to register trademark in australia


Comment by Elane Mclaws

trademarks are a great way to protect your brand they're an important piece of intellectual property which help to distinguish your products goods and services from your competitors trademarks can include things like logos taglines or brand names however not everything is capable of being protected errors or delays in your application can be costly it's important to make sure you file your trademark as soon as possible to avoid a similar trademark being registered first you can do searches to see registered and unregistered marks in australia they can help to identify marks which may be identical or similar to yours you may need to amend your trademark if there is a confusingly similar one in the same category as yours after you determine whether you have a trademark that you want to protect and you have conducted a thorough search you can apply for registration in one or more classes that relate to the goods and services you provide there are two ways by completing a pre-filing assessment or completing a full application with a pre-filing assessment ip australia's trademark examiners will contact you within five working days of the application to advise whether your full trademark application has a good chance of being successful with a full application ip australia will contact you with a notice of acceptance or an examination report while the application is pending you can legally use the trademark symbol once you receive the certificate you can legally use the registered trademark symbol you'll need to renew your trademark every 10 years if you have any questions about registering a trademark get in touch with legalvision


Thanks for your comment Elane Mclaws, have a nice day.
- Rosendo Bermejo, Staff Member


Comment by ikkermuntG

does it cost thousands to register in Australia you're looking at about $1400 so one hundred and forty dollars a year basically averaged out over the ten years so is that too much money to pay it's $1400 too much to pay well a lot of business small business people think it is and they're prepared to put up with the risk but think of how much I mean I paid thousands of dollars for my website this is a one-off payment of for 10 years how many people know of anything that you pay once in 10 years does anybody know of anything else it's just incredible that you know you would hesitate to pay that small amount of money to have the peace of mind that you're actually own a brand and that is actually safe so we do the research part first and that's an additional cost but if I say to you pay me $1,000 and I'll tell you whether you can save 15,000 in a trademark dispute is it a good commercial decision to say no I'm not going to do that I'm going to take the risk because I do have that I do have people that say that and in two cases last year funnily enough in the same area they both decided that they paid me the money to do the research but I told them not to use it and within six months of one starting to use it and 18 months of another they both got a cease and desist letter now this comes back to the information that you're looking at I gave them the information that the brand was not a good brand to go ahead and they said well I will because once there was a company in Queensland and another one had a company that was a competitor in Adelaide and they said I don't think there's going to be a problem so I trademark registration is australia-wide so those owners in those states have got it doesn't matter where anybody is they can challenge the use and send them a cease and desist letter and that's exactly what they did and so those owners had put in 18 months and six months worth of time and effort into a brand and the money to set it up and both of them had to change so I think in business there are expenses that you just have to pay and it's an insurance and that's part of it because you're risking a lot


Thanks ikkermuntG your participation is very much appreciated
- Rosendo Bermejo


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