How Much Does It Cost To Register A Business Name And Trademark

How Much Does it Cost to Trade Marker a Business Name?

Angus

2 June 2021
28 June 2021
5 min read

In Australia, a business organisation name or company proper name is generally registered through the Australian Securities and Investment Commission (ASIC). However, registering your business concern name does not mean y'all take sectional ownership of your business name. In addition to registering with ASIC, and if you want to have exclusive use of your make, you may like to protect your brand by registering a trade marker over your business concern name.

This commodity explains the costs associated with applying to trade mark your business name.

What Type of Trade Mark Applications Can Yous Make?

In order to trade mark a business name you tin can make a:

Standard Awarding, which has a 1 part payment process; or
TM Headstart Awarding, which has a two part payment process.

TM Headstart Awarding

A TM Headstart Awarding is an online pre lodgement assessment that helps you ascertain whether you are going to have any issues with registering your merchandise mark earlier you formally file your application.

The starting time stride of a TM Headstart Awarding is to pay your Part ane fee, as ready out in the table beneath.

Activity	Fee
TM Headstart new asking – per class (Part 1 fee)	$200
TM Headstart new representation – per form (Office 1 fee)	$150
TM Headstart additional form fee – per grade (Part 1 fee)	$200
TM Headstart – per class (Part 2 fee)	$130

Afterwards lodgement of your application y'all will exist given an assessment result. Subsequently you consider this, you may elect to file your application and pay the Office 2 fee.

It is of import to note that you only accept v business organisation days to reply to whatsoever assessment issues or else your application will discontinue. If this seems too short of a time frame, it might exist worth considering a Standard Application.

For example, you file a TM Headstart Awarding and pay the Function 1 fee. You receive your assessment result and are unable to provide the additional information within five days. Your application is then discontinued and yous need to re-guild a TM Headstart Application or address the defect in your application and file a Standard Awarding, paying the Standard Application fees.

Standard Awarding

A standard Awarding can exist lodged online by either using the picklist, or without the picklist. There are additional fees for lodging a Series Awarding (set out in the below table).

Activeness	Fee
Trade marking application (using picklist)	$250 per class
Trade mark application (not using picklist)	$400 per class
Series trade mark application (using picklist)	$400 per class
Series trade mark application (not using picklist)	$550 per class

If your trade marking is accepted for registration and is not opposed by a tertiary party (or, if you are opposed just come out as the successful party), the trade marking can then proceed to registration upon payment of final fees. These fees are usually $250 per class when using the picklist, or $400 per class without using the picklist. If you lot are lodging a Serial Application (where you lodge a number of goods or services nether the same application), in that location are higher fees.

What Happens When I Order an Application?

If you society a Headstart Application, pay the relevant fees and do not have whatever issues with your application, you more often than not volition not have to pay any more once IP Commonwealth of australia issues you with a observe of acceptance of your merchandise mark. In that location is no fee for registration.

There is no registration fee associated with a Standard Awarding. Notwithstanding, you will not know whether y'all accept issues with your application for several months. If in that location are no issues, and nobody objects to your trade mark, IP Australia issues yous with a notice of acceptance of your trade mark and you take a registered merchandise mark.

In a simple application, the minimum period from application to registration is generally seven and a half months.

What if I Cannot Lodge Electronically?

IP Commonwealth of australia prefers electronic or online applications through their website. If you are not able to practise this, there are options to club an application past mail. The fees for this are set out in the tabular array below.

Action	Fee
Trade mark application (paper)	$450 per course
Series trade marking application (paper)	$600 per class

Key Takeaways

Registering a business organisation proper name with ASIC will not finish someone who has registered the name as a trade mark from using it. In fact, using a business organisation name that is like to someone else's registered trade mark could cause y'all legal problems. Accordingly, yous should always bear a trade marker search before deciding on a business name. Additionally, it is worth considering whether yous have the right data available to lodge a TM Headstart Application. If you require more merchandise mark legal assistance, contact our experienced merchandise mark lawyers on 1300 657 423 or fill out the course on this page.

Oft Asked Questions

Do I demand to file a merchandise marker application to protect my business concern proper name?

Yes, if you only register your business name with ASIC, you still need to file a trade mark application to protect your business proper noun.

How much does it cost to trade mark my business name?

It depends on the application process y'all use. If you utilize the TM Headstart Application, you will more often than not accept to pay $330.00. If you use the Standard Application process, for a simple, online and single class awarding you will generally have to pay $250.00.

How much does it toll to lodge my trade marking application offline?

Generally, the cost to lodge your trade mark application offline will exist $450.00 for each course you have.

What kind of trade mark applications can I make?

Generally, in that location are 2 types of trade mark awarding processes you tin can employ. These are the TM Headstart Application and the Standard Application.