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A trade mark is your business’s most valuable asset.

 

 

  • How would you feel if someone started using your brand name to provide similar goods and services to yours?
  • What if someone began importing counterfeit products in Australia using your brand name?
  • Would you face difficulties if your customers suddenly became confused between your goods and services and another trader in the market?

 

DON’T RISK YOUR BUSINESS’S MOST VALUABLE ASSET

Speak with a Trade Marks Expert
about Registration

I have already filed an application:

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All practitioners are Australian Qualified Lawyers or Registered Trade Mark and/or Patent Attorneys

Without a registered trade mark

You’re on your own in demonstrating ownership of your brand, it’s logo and other elements which make up the recognition of your business. A typically expensive and complex process.

With a registered trade mark

You’re on your own in demonstrating ownership of your brand, it’s logo and other elements which make up the recognition of your business

Why should I register a trade mark?

Registering a trade mark provides you with guaranteed ownership over the use of your trade mark in Australia with respect to the goods and services you have registered it with. This means that other parties and traders are unable to use your trade mark in connection with their own goods and services as their own trade mark under law. Doing so may constitute infringement for which you may seek relief from a court to rectify. Without trade mark protection, the process of establishing ownership of your brand is substantially more difficult and costly when compared with the modest costs of registration.

For example, Woolworths is a registered trade mark in Australia in respect of groceries – if another business decided to call itself ‘Woolworth’ in the market of grocery retailing, this would constitute an example of infringement for which Woolworths would have rights. 

How much does it cost to register a trade mark?

The costs to register a trade mark are made up of several components:

  1. Professional Fees – ie. advice from a trade marks attorney or lawyer in relation to the eligibility of your registration, any difficulties you may face and costs of overcoming objections during the process as  raised by IP Australia. This is typically around $200-$500 per trade mark.
  2. Filing Fees – Fees charged by IP Australia which range from between $120 and $200 per class at present depending on the method of filing your practitioner uses.
  3. Registration Fees – A few payable upon the acceptance of your trade mark which ensures its registration for ten years. This is presently $300 per class. No GST applies.

You should also take into consideration ongoing fees for services such as Trade Mark Watching, conducting oppositions or undertaking infringement actions to prevent unauthorised use of your trade mark. The trade marks office will not enforce your trade mark.