TrAde marks in AUSTRALIA

Before filing, we recommend searching to check whether a trade mark (e.g. business name, brand name, or logo) is available to use in Australia, and consider whether it meets the requirements for trade mark registration in Australia

• First, ask yourself if you've chosen the right trade mark - check out this webpage for some guidance

• Then, run a search for your trade mark on Business name check and IP Australia's Quick Search, and run a general internet search. This is a quick and easy way to check if anything similar is already in use

• Next, send your trade mark to us with a list of the goods or services it'll be used for

• We'll request a TM Headstart report from IP Australia for you. IP Australia will check for trade marks like yours on the Australian trade mark register, and provide some initial advice on the availability and registrability of your trade mark in Australia 

• We'll then receive the TM Headstart report and send it to you with a summary of what it says

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• AUD 300 for requesting a TM Headstart report for a trade mark in one class, and AUD 250 for each additional class (includes IP Australia's AUD 200 official TM Headstart fee per class). A class is a group of goods or services similar in kind

A trade mark application can be filed at IP Australia to seek trade mark protection in Australia. It's recommended to file only if the trade mark is available to use and meets the requirements for registration in Australia

• Provide us with your full details or incorporated company details, and your trade mark and list of goods or services if you haven't provided them already 

• We'll prepare and file your trade mark application at IP Australia for you, and we'll let you know once it's been filed

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• AUD 200 for converting a TM Headstart into a standard application in one class, and AUD 180 for each additional class (includes IP Australia's AUD 130 official conversion fee per class). To qualify for this official conversion fee, the conversion should be filed within 5 days of receiving the TM Headstart report. Note, extra fees may be incurred if your TM Headstart is amended

• AUD 400 for preparing and filing a trade mark application in one class without an associated TM Headstart report, and AUD 300 for each additional class (this includes IP Australia's discounted AUD 250 official filing fee). To qualify for this discounted official filing fee, goods and services from IP Australia's Pick List must be used in the specification. Note, if the Pick List isn't used, an extra AUD 150 official filing fee per class will apply

After filing, a trade mark application will be examined by IP Australia. If there are problems with it, an examination report will be issued. If there are no issues or they are dealt with successfully, the application will be accepted, advertised and registered (if it's not opposed by anyone in the 2 months after advertisement)

• We'll receive any examination reports from IP Australia and send them to you

• We'll update you if your trade mark application is accepted and registered

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• AUD 50 for reporting an examination report, if any. This excludes costs for advising on how to deal with and dealing with an examination report

• NO CHARGE for reporting acceptance and registration. This does not apply to handling an opposition, if any

Once a trade mark is registered in Australia, it must be renewed 10 years after it was filed. This ensures the trade mark registration stays alive and continues to provide trade mark protection in Australia

• We'll renew your trade mark registration for you

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• AUD 500 for renewing a trade mark registration for one class, and AUD 450 for each additional class (includes IP Australia's AUD 400 official renewal fee per class)