Trademark Lawyers (Australia)

Two costs. Our fixed fee of $699 _^+GST covers the search, class advice, preparation and filing. IP Australia then charges a government fee per class: $250 per class if your goods and services come from its pick list, or $400 per class if they do not. Most small businesses register in two or three classes.

Example: a business name in two pick-list classes is $699 _^+GST to us and $500 to IP Australia. You know both numbers before anything is lodged, and we pay the government fee directly to IP Australia on your behalf.

The good news is that as soon as your trademark application is submitted to IP Australia, your Trademark protection starts. The bad news is that it can take months for your trademark to be officially approved.

We search, advise and file quickly once you approve. IP Australia then examines your application, which usually takes 3 to 4 months. If accepted, it is advertised for a two-month opposition period. If no successful oppositions are lodged, your registration will be finalised a few months later.

So generally, the earliest that a Trademark registration will be completed is six months after the application was originally submitted.

Either can prepare and file an Australian trademark application. “Trade marks attorney” is a registered title for IP specialists who are not necessarily lawyers. Legal123’s team are practising Australian lawyers, so we cannot only file your mark but also advise on the contracts, licensing, disputes and website legals that surround it. For a straightforward name or logo registration, a fixed-fee lawyer is the cost-effective option.

Yes, through IP Australia’s online portal. Where DIY applications go wrong:

• the wrong owner (an individual instead of the company, or the reverse)
• classes that miss what you actually sell
• descriptive words IP Australia rejects, and
• no proper search beforehand

IP Australia does not refund government fees when an application fails, and a rejected mark can cost more to fix than to file properly. A lawyer removes that risk for a fixed fee.

IP Australia groups all goods and services into 45 classes: 34 for products and 11 for services. Each class attracts its own government fee. We recommend classes based on what you sell today and what you plan to sell in the next two to three years, so you don’t pay for classes you will never use or leave a gap a competitor can exploit. Normally this would mean registering for 2 to 3 classes.

Anyone can use TM to signal they claim a name or logo as a trademark, registered or not. The ® symbol may only be used once your trademark is registered with IP Australia. Using ® on an unregistered mark is an offence. From the day we file, you can use TM; once registered, you switch to ®.

IP Australia issues an adverse examination report explaining the objection, and you have time to respond. We handle routine queries and minor amendments as part of our service. If the objection is substantive, for example, a conflict with an existing mark or a claim that your words are descriptive, we explain your options in plain English and quote separately for a written response or evidence of use. Our pre-filing search is designed to avoid that.

No. ASIC business name and company registration are administrative requirements, not ownership. They don’t stop another business from trading under a similar name, and they don’t stop someone else from registering that name as a trademark and asking you to rebrand. Only a registered trademark gives you exclusive rights to the name across Australia for the goods and services it covers.

A word mark (your name in plain text) is the broadest protection, because it covers the name however it is styled. A logo mark protects the specific design. Most businesses start with the word mark; brands with a distinctive logo register both. Our service covers two marks, so you can protect your name plus your logo or tagline in one fixed fee. We advise which combination gives you the most protection for your budget.

An Australian trademark lasts 10 years from the filing date and can be renewed every 10 years indefinitely. You renew it directly with IP Australia. Be careful with official-looking renewal or registry letters that arrive by post or email: scammers harvest owner details from the public register and send inflated “renewal” invoices. If you are unsure whether a notice is genuine, send it to us before paying.

An Australian registration is the starting point, and it lets you extend protection to other countries through the Madrid Protocol using your Australian application as the base. Tell us which countries matter to you in your brief, and we will explain the options and costs before you commit.

Click Add to Cart and complete the purchase. You’ll then be taken to a short form to tell us what you want to trademark, your business entity and what you sell. A lawyer runs the search and comes back to you with class advice and any registrability issues. You approve, we file, and you receive your IP Australia application number.