Fees for trademark registration in Australia

Trademark in Australia should be considered by investors when expanding the Australian market. Many Vietnamese enterprises focus on promoting export goods to the Australian market. However, enterprises often encounter problems related to trademarks, such as how to register a trademark and what the registration fee is. These are questions that many enterprises still do not fully understand. To answer clients’ questions, Viet An Law Firm would like to provide the following article on fees for trademark registration in Australia.

Legal basis

• Australian Trade Mark Act 1995.

Trademarks are protected in Australia

Australia also applies protection for visual or audible trademarks, excluding words, phrases, or images that directly describe goods or services and several words, phrases, and images in special cases, including:

• These words, phrases, and images have become ubiquitous;
• Geographic name;
• Common full name, even if the surname is your own;
• Prohibition signs;
• Limited financial conditions.

Trademarks that are protected in Australia often use the ® symbol next to the registered trademark to identify its protected status and can prevent third parties from misusing the purpose of the trademark.

Note: Trademark registration in Australia will not protect your brand in other countries. Trademark rights are legal, meaning you need to register your trademark in every country where you want to use it. As for your trademark in Australia, it protects you throughout Australia’s territory even if you only use your trademark in certain areas.

Benefits of registering trademarks in Australia

Registering trademarks in Australia offers the following benefits:

• Exclusive rights to use trademarks, and protect brands in the Australian market. Therefore, prevent copying and counterfeiting trademarks of competitors.
• A trademark protection title is a solid legal basis in case it is necessary to handle parties who infringe the rights to use a trademark.
• As a premise for system building and franchising.
• Counterfeiting causes many enterprises to lose their reputation when clients buy those items. For example: The Co.opmart supermarket brand and logo appeared in Victoria state, Australia at the end of 2023, but the owner of this brand, Saigon Co.op, did not know. A representative of Saigon Co.op said that the “fake” logo of the supermarket in Australia mentioned above is about 80% similar to the Co.opmart logo, only different in color tone, and size. This unit affirms that the above location does not belong to or relate to Saigon Co.op or Co.opmart… and currently Saigon Co.op has not invested in this market. But many Vietnamese here think that the owner of this Vietnamese supermarket brand opened a business location so they came to support it. However, the goods sold at the store in Australia are messy and not neat like this supermarket model in Vietnam. Therefore, registering for trademark protection will represent a commitment to the good, clients, investors, and the brand you create.
• In some cases, registering for trademark protection also helps enterprises avoid accidentally infringing on the rights to another person’s trademark that is protected in Australia.

Proactively registering trademarks in Australia is extremely necessary for enterprises that have been or intend to expand their goods and service business operation.

Fees for trademark registration in Australia

The fee depends on the number of goods and services listed in the trademark application and on the form in which the application is filed.

For applying TM Headstart

Registering a trademark through TM Headstart (pre-registration service) costs a minimum of 330 USD. Trademark registration application fees are prescribed for each class of goods and services as follows:

• State fee required for pre-registration (TM Headstart): 200 USD
• Fee for changing the intellectual property representative: 150 USD
• Additional fee for the class of goods and services: 200 USD
• Fee for converting to standard application: 130 USD
• Service fee (in case the foreign applicant files directly through an intellectual property representative in Australia): According to the fee of each specific law firm.

Time to pay fees:

• Submit at the time of application submission.
• Submit if needs to be changed before the application is approved for protection.
• Filed at time of publication (An application has been approved for preliminary protection unless objections are received after publication)

For filing an application standard

The standard trademark application fee is a minimum of 250 USD. Fees increase if the applicant has not yet grouped goods and services according to the Nice Classification:

In addition, for each additional class of goods and services, the payable fee is 250 USD for each additional class in the same registration application.

Note:

• The above fees do not include additional fees such as translation, legalization, or responding to objections from third parties.
• In case the application has errors or is rejected according to the notice when handling the application, the paid fee will not be refunded and the application owner must proceed with the steps to register the trademark (including the step of paying the fee) from the beginning. Therefore, the application owner needs to ensure the trademark application is accurate before officially submitting it.

Trademark registration process in Australia

For applying directly to the Australian Competent Authority

Submit a trademark application directly to the Industrial Property Office (IPAU). The IPAU agency will handle the submitted trademark registration application as follows:

Information of the Australian registration agency:

• Website: http://www.ipaustralia.gov.au
• Phone number: (+612) 6283 2999 / (+612) 6222 3626
• E-mail: international@ipaustralia.gov.au/MDB-International@ipaustralia.gov.au

For applying to the online service

There are 3 ways to register a trademark in Australia via online services. Each method has different requirements and fees:

• TM Headstart service: Pre-registration service that provides a review of your application before you officially register using the online service.
• Standard service: Standard online registration.
• Trademark Assist: allows you to explore your trademark and identify the goods and services you want to protect

Some related questions

How long does it take to register a trademark in Australia?

Normally, within 7-9 months from the date of application, the Australian Intellectual Property Office will issue a trademark exclusivity certificate within the Australian territory if the application meets all the requirements of the law on the trademark of Australia without any objections.

What documents are included in a trademark registration dossier in Australia?

Required documents to file a trademark registration application in Australia include:

• Power of Attorney;
• Trademark samples filed in Australia;
• Goods/Services used under trademarks and Classifications;
• Name and address of the applicant;
• Owner’s commitment.

Trademark registration service in Australia of Viet An Law

• Preliminary consulting before carrying out necessary procedures on behalf of the client at the Competent State Agency in Australia related to trademark registration procedures;
• Searching and notifying clients in writing of the search results;
• Receive all notifications related to the application and the trademark owner;
• Consulting on trademark registration fees in Australia;
• Monitor the progress of the Application and regularly update the status of the trademark owner until there is a conclusion from the Intellectual Property Office in Australia regarding trademark protection.
• Receive official dispatches, and certificates and send them to clients (if a protection title is granted).
• Draft the dossier to apply for extension and maintenance of the protection certificate validity;
• Appraise and evaluate the possibility of infringement, and coordinate with competent authorities in protecting clients’ rights for protected trademarks.

Clients who need to perform fees for trademark registration in Australia, please contact Viet An Law Firm for the best support!