How Much Does a Trademark Cost?

It is hard to estimate exactly how much does a trademark cost without first identifying the exact services needed.

  • The following list of costs is based on our own prices as well as the government fees as outlined by IP Australia. We only charge $297 + GST Professional Fees
  • To apply for and register a trademark in a single class of goods or services (including government and professional fees) it will cost you $627.00 (ex GST) using Quick Off The Mark. This is assuming you have a smooth process and no issues or objections are found.
  • Registering and maintaining your trademark is likely to cost you more, particularly if you neglect to shop around for a low-cost, high-service trademark professional.
  • Before you consider dealing with your trademark matters, search around for a trademark professional who can offer you reasonable costing for a high level of service.

Search Trademark Cost

Your trademark expenses begins with trademark searches. You should conduct a trademark search before you file your application to ensure that your mark is still available for registration and that your use of the mark does not infringe on other parties’ rights.

Item/Action Our Low Fee IP Australia Fee
Basic Trademark Search 100% Free Search N/A
Extended Trademark Search $297 N/A

Professional fees are quoted ex GST.

Trademark Application

The cost of your trademark application is determined by the number of goods and services classes that you nominate. These classes are selected on the basis of the types of goods and services your trademark is associated with. You cannot expand from the original scope of goods/services once filed but you are welcome to file additional applications at a future time if needed to cover new or additional products/services.

Item/Action Our Low Fee IP Australia Fee
Application – Single Class $297/class $330
Application – Additional Class $99/class $330

Professional fees are quoted ex GST.

Trademark Registration

Once your application has been accepted for registration it will be advertised for opposition purposes (around five months after filing). Assuming no objections in that time-frame the trademark will be automatically registered once the opposition period expires (minimum of around 7.5 months after the filing).

Item/Action Our Low Fee IP Australia Fee
Registration Fee Free of Charge* $0.00

Professional fees are quoted ex GST.

Trademark Time Extension

Your trademark cost will increase if you require extensions for payments or responses. You should contact a trademark professional to help you meet your trademark deadlines. The following costs are government fees.

Item/Action Our Low Fee IP Australia Fee
Request for Extension of time to respond to an adverse report (filed before deadline) Hourly rate per hour spent on your matter of $297.00 $100/month
Request for Extension of time to respond to adverse report (filed after deadline) Hourly rate per hour spent on your matter of $297.00 $100/month
Request for Extension of time to pay initial registration fee Hourly rate per hour spent on your matter of $297.00 $100/month
Request for Extension of time to pay late renewal fees Hourly rate per hour spent on your matter of $297.00 $100/month

Professional fees are quoted ex GST.

Trademark Opposition

Your trademark cost might include some opposition costs, whether you encounter opposition during the registration process or you wish to take legal action against infringing parties. The following costs are government fees: you may also have to pay hourly professional fees on top of these. Contact us for legal and trademark advice.

Item/Action IP Australia Fee
Filing a Notice of Intention to oppose registration of conflicting mark $250/mark
Filing a Notice of Intention to oppose removal of registration for non-use $0.00
Filing a Notice of Opposition to a time extension $250/mark
Filing a Notice of Opposition to amendment of application $250/mark
Extension of time to file a Notice of Intention to Oppose $150/month/mark
Extension of time to file statement of grounds and particulars $150/month/mark
Extension of time to file a Notice of Intention to defend $150/month/mark
Extension of time to file evidence in a trademark opposition $150/month/mark
Application for removal of a trademark for non-use $250/mark
Requesting or attending a hearing as opposition $600/mark
Requesting or attending a hearing as other $400/mark
Filing written submissions when not attending a requested hearing $0.00

Professional fees are quoted ex GST.

Trademark Renewal

Once your trademark has been registered, you will need to pay a renewal fee every ten years to ensure that your protection is indefinite. The government costs are as follows:

Item/Action Our Low Fee IP Australia Fee
Trademark Renewal – Single Class $297 $400
Trademark Renewal – Additional Classes $99/class $400/class

Professional fees are quoted ex GST.

International Trademark

Should you wish to register your trademark internationally, there are a number of professional and government fees that apply. Your costs will vary depending on the number of countries you wish to apply in, the trademark professional that assists you, and whether you apply through the Madrid treaty or through each country’s trademark office. Contact a trademark professional for further information on international trademark registration and maintenance.

Should you require any further information on trademark costs, or for a comprehensive quote on the services you require, please do not hesitate to contact Quick Off the Mark™ for further information.

While registering and maintaining your intellectual property may seem costly, you are really paying to protect your business’s goodwill and reputation. Without the trademark protection, you intellectual property is vulnerable to ‘passing off’ or improper use by an unauthorised trader. Worse still, your unregistered marks are not truly defendable by Australian law due to the ‘first-to-file’ basis that trademark law is built upon. If another party applies to register your mark and can prove extended use, it might be you that suffers legal ramifications.

BIO:

Quick Off the Mark® is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.

In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.

Disclaimer – The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.