Trade marks
Trade mark registration gives a ‘sword and shield’ benefit – it allows you to stop other traders from using a similar name or logo to you, and also protects you from most allegations that your trading name or logo infringes someone else’s rights.
The most common misconception in this area concerns registered business names and company names. These do not give you any proprietary rights whatsoever – so they cannot be used to stop other traders from using a similar name or logo to you, and they do not protect you from being sued for infringing someone else’s rights.
But if you are reading this, you probably already know about the benefits of trade marks – you’re more interested in the how and how much.
The most common misconception in this area concerns registered business names and company names. These do not give you any proprietary rights whatsoever – so they cannot be used to stop other traders from using a similar name or logo to you, and they do not protect you from being sued for infringing someone else’s rights.
But if you are reading this, you probably already know about the benefits of trade marks – you’re more interested in the how and how much.
COSTS
There is a government fees payable on application, which is $250 or $330 per “class” of goods or services – depending on whether you use IP Australia’s “auto-pick” service, or whether you specify your own goods / services.
trade mark search$490We charge a fixed price of $490 (plus GST) per trade mark to carry out a search of the Australian Register in up to three classes, and provide advice on registrability and "freedom to use".
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trade mark application$490We charge a fixed price of $490 (plus GST) to prepare and file a trade mark application in one class. There is also a government fee of $250 (GST-free) payable per class. (See below for a discussion about classes of goods and services.)
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The fixed costs for preparing and filing an application are $490 per trade mark for a single class, and a further $90 for each additional class. We offer a $90 per mark discount for multiple applications filed at the same time.
There will be additional charges if any correspondence is required with the Trade Marks Office, or if the application is opposed. This is charged at our standard rate of $530 per hour. Preparing and filing a response usually takes between 1/2 hour – 3 hours in the first instance, unless substantial evidence has to be filed.
If you do not want to wait the three to four months it normally takes before the Trade Marks Office advises whether the mark is to be accepted for registration, we can file an “application for expedited examination” together with supporting statutory declaration for you, at a cost of $290.
Our professional rates (hourly and fixed) are exclusive of GST. No GST is payable by overseas clients.
A full list of our fixed fees for trade marks work can be viewed here.
There will be additional charges if any correspondence is required with the Trade Marks Office, or if the application is opposed. This is charged at our standard rate of $530 per hour. Preparing and filing a response usually takes between 1/2 hour – 3 hours in the first instance, unless substantial evidence has to be filed.
If you do not want to wait the three to four months it normally takes before the Trade Marks Office advises whether the mark is to be accepted for registration, we can file an “application for expedited examination” together with supporting statutory declaration for you, at a cost of $290.
Our professional rates (hourly and fixed) are exclusive of GST. No GST is payable by overseas clients.
A full list of our fixed fees for trade marks work can be viewed here.
Need legal Services?
Australian Beverage Trade Marks is a subsidiary of Omond & Co. which provides immediate advice on most day to day matters that arise in the day-to-day running of a business, as well as providing specialist legal services in the wine, beer and spirits sectors.
Visit www.omond.com.au/ for more information.
Visit www.omond.com.au/ for more information.