Own Your Business Name & Logo:
Australian Trademark
Registration Service

Registering your trademark is a crucial step in protecting your brand and business. Here’s why it’s so important:

1. Business Name Protection: Unlike a business name registration, a trademark stops others from using similar names in your industry.
2. Exclusive Rights: Registration gives you the exclusive right to use your trademark for your goods or services across Australia.
3. Legal Protection: It provides a strong legal basis to take action against anyone who uses your mark without permission.
4. Deterrent Effect: The ® symbol warns others that your mark is protected, often preventing potential infringement.
5. Asset Creation: A registered trademark becomes a valuable business asset, which can be sold, licensed, or used as security.
6. Brand Credibility: It adds credibility to your brand and can help build trust with customers.
7. National Coverage: Your protection extends across all of Australia, not just your local area.
8. Franchise Potential: Essential if you plan to franchise your business in the future.
9. Export Readiness: It’s often a prerequisite for registering your trademark in other countries.
10. Dispute Prevention: It helps avoid costly legal battles over brand ownership in the future.

Remember, while registering a business name with ASIC is mandatory, it doesn’t provide the comprehensive protection that a registered trademark does. Trademark registration is your strongest defence in protecting your brand identity.

When you register a trademark, you need to specify which classes your goods or services fall under. There are 45 different classes in total – 34 for products and 11 for services. For example:

• Class 25 covers clothing, footwear, and headgear
• Class 43 covers services for providing food and drink

Typically, when filing a trademark application, most businesses register for 1 to 3 classes. However, the exact number can vary depending on the nature and scope of your business.

Yes, you can register a trademark yourself, but it’s important to understand the pros and cons of DIY vs. using a professional service:

Pros and Cons of DIY

• Pro #1: Potentially lower upfront costs
• Pro #2: Direct control over the process
• Con #1: Time-consuming and complex process
• Con #2: Risk of errors that could lead to rejection
• Con #3: Might miss potential conflicts in trademark searches
• Con #4: Difficulty in selecting appropriate classes
• Con #5: Limited ability to respond to objections

Pros and Cons of Professional Service

• Pro #1: Expert guidance throughout the process
• Pro #2: Comprehensive trademark searches
• Pro #3: Accurate selection of appropriate classes
• Pro #4: Higher likelihood of successful registration
• Pro #5: Time-saving for you and your business
• Pro #6: Support in responding to objections or office actions
• Pro #7: Long-term cost savings by avoiding potential legal issues
• Con #1: Higher upfront cost compared to DIY

If your trademark application is rejected, don’t worry – it’s not the end of the road. Here’s what happens:

1. Notification: We’ll promptly inform you of the application rejection and the reasons provided by IP Australia.
2. Analysis: Our experts will carefully review the rejection reasons and assess the best course of action.
3. Options: Depending on the situation, we may:
   • Suggest modifications to your application to address the examiner’s concerns
   • Recommend filing a response to challenge the rejection
   • Advise on alternative approaches, such as filing a new application with changes
4. Guidance: We’ll explain your options clearly, including potential costs and likelihood of success.
5. Action: With your approval, we can prepare and submit a response to IP Australia or file a modified application.
6. Follow-up: We’ll continue to liaise with IP Australia and keep you updated throughout the process.

Remember, many initially rejected applications can be successful after appropriate amendments or responses. Our experienced team is here to guide you through any challenges and work towards securing your trademark registration.

Note: Additional fees may apply for significant amendments or responses, as these involve extra work beyond the standard application process.

The cost of trademarking a logo in Australia consists of two parts: our service fee and government fees.

Our Service Fee: $699 + GST

This covers:

• Comprehensive trademark searches
• Expert advice on Trademark Classes
• Preparation and filing of your Trademark application
• Follow-up communication with IP Australia

Government Fees: $250 – $500

IP Australia charges:

• $250 per Class (no GST applies)
• Most applications typically cover 1-2 Classes

Typical Total Cost: $1,019 – $1,269

The trademark registration process typically takes 6+ months from start to finish. However, your trademark protection starts as soon as your application is lodged and acknowledged by IP Australia.

The approximate timings for getting through the trademark registration process are as follows:

• Initial Search and Application Preparation: 1-2 weeks
• Application Lodgement: 1-3 business days
• Examination by IP Australia: 2-3 months
• Opposition Period: 2 months
• Registration (if no opposition): 1-2 weeks

Yes, you receive a form of trademark protection as soon as your application is filed with IP Australia:

• Priority Date: Your application date becomes your ‘priority date’, giving you precedence over later applicants for similar trademarks.
• Pending Rights: While you wait for your trademark to be approved and fully registered, you can use the ™ symbol to indicate your claim to the trademark.
• Officially Registered: Full legal protection only comes into effect once your trademark is officially registered. You can then use the ® symbol, and your rights to the trademark will be considered to have started from the initial ‘priority date’.

You can only take legal action for trademark infringement once your trademark is officially registered.

Protecting your brand internationally involves several steps, starting with registering your trademark in Australia first. This establishes a ‘priority date’ for international applications. Then you have two choices:

1. Country-by-Country Approach: You can apply separately in each country where you want trademark protection. However, this method can be costly and complex.
2. Madrid Protocol: Australia is a member of the Madrid Protocol, which simplifies international trademark registration. You file a single application designating multiple countries, which can be more cost-effective.

You have 6 months from your Australian filing date to claim priority in other countries. After this, your applications are treated based on their actual filing dates in each country.

For more information and a personalised strategy for your international trademark, please contact us.

Three easy ways. One, email us at support@legal123.com.au or use the contact form. Two, call us in Sydney on (02) 8003 7317. Three, book a 30-minute call if you need legal advice or want to discuss your specific business situation.