trademarks

How to Register a Trade Mark

It is vital to register your business trade mark and logo to protect your brand. Learn how to register a trade mark for your business below.

What are the benefits of registering a trade mark?

A trade mark gives you protection over your intellectual property (IP). You can trade mark a unique symbol, certain words, unique sounds, images and graphics, that are used to represent your business, service or product.

Once registered, your trade mark becomes an asset that gives you the sole right to use, license or sell it to others.

Trade Mark Registration Process

IP Australia is the body in Australia where you can apply for your trade mark registration. View their website here: https://www.ipaustralia.gov.au/trade-marks

Step 1: What to register

Now before you set out to register your trade mark, make sure you know:

  • what product or service you need to protect
  • the type of trade mark you need (these vary)
  • if your trade mark is available (perhaps someone else has already registered a trade mark)

If you need help to clarify these points, consider engaging except for legal advice from a trade mark lawyer.

Step 2: How much does it cost to register a trade mark?

The cost of applying for a trade mark depends on the type of trade mark class you are applying for.

The cost starts from $250 per class. If you’re filing a Headstart application the cost starts from $200 per class. There are a few variations on this, so check out IP’s resource page here.

Products and services are grouped together in classes and fees apply to each class. Similar products or services such as clothing and footwear are under one class, whereas logos or design assets are in a different class.

If your application for a trade mark covers more than one class, the cost will be more.

Step 3: Registration Process

After you file your application, IP Australia usually takes several months to examine your application.

Here is a visual outlining the trade mark registration process.

trade-mark-application-headstart-process

All up the process can take up to 7 months, which is why it may be prudent to start your application today.

All in all, it may be better to go ahead with a trade mark registration now rather than having to go through a costly rebrand down the track as a result of potentially infringing someone else’s intellectual property.

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