trademark applications

A trademark protects a "brand" or "sign" used to identify your goods/services to consumers and clients.   Are you considering bringing a unique product or service to market that requires some form of branding? Or do you want to protect your existing brand?  
A trade mark is the legal enforceable way to protect:

• Letters
• Numbers
• Words
• Phrases
• Sounds
• Smells
• Shapes
• Logos
• Aspect of packaging 

As well as combinations of these that distinguishes your product from another.
 
Registering a trademark helps you protect your brand so that your competitors are unable to use it. Trademarks are registered under one or more of the 45 'classes' of goods/services. In most cases companies choose to register their mark under more than one class. 

One of the misconceptions are that businesses registering a business name, a company name, or a domain name gives you the exclusive right to that name. It does not. Only a trademark gives you the exclusive right and provides legal protection for your brand. 

Fees
Our fees are fixed 

A single trademark registration in one class:  

1. Initial competitor Trademark search:  $125.00 + GST
2. Preparation and filing of application:  $820.00 + GST 
3. Registration (once approved): $640.00 + GST (not due for at least 6 months)

These fees include all government charges and professional charges, and are per class. If you choose to register the same trademark for more than one class, there is no additional competitor search and the preparation. 

Fees for additional classes for the same trademark are:
          2.     Preparation and filing of application:  $540.00 + GST
          3.     Registration (once approved): $540.00 + GST  (not due for at least 6 months)

Once the trademark is registered you renew your trademark in 10 years time. 

General information about trademarks
A trademark is a 'sign' (e.g. a name or logo) that you use to distinguish your goods/services from other traders.

It can be difficult to register a trademark when:

1. Your trademark resembles an existing trademark that covers the similar goods/services, where consumer confusion may occur between the brands. This is where the initial search comes in. In the event that a possible existing trademark exists you will receive our report and decide whether you wish to proceed to the application stage, and;
2. Your trademark is not capable of distinguishing your goods/services from others because it is descriptive, or it's likely that others would need to use the same term in their business (for example, we will probably never be able to register "McCormicks" as a trademark because it is a common surname, or "Fixed Pricing" because it is a descriptive term). 

What we need from you

• The exact trademark you wish to register. 
• The type of business you are in/services/goods you provide. This is required to identify the possible class or classes available to you. 
• The exact name of the company or person who will be the owner of the trademark. 
• Contact details, including the physical Address for the registration.
• Your ABN, if you have one. 

The steps and timeline

1. Competitor search -  2 days. 
2. File the application - 1 week.  The  application is then be examined by the Federal Governments' Trademarks Office. A Federal assessor considers whether your trademark is in fact a trademark, and whether it conflicts with other trademarks. This usually takes 3-4 months.
3. If accepted by the Trademarks Office, it is then advertised around the 5 month mark.
4. Once advertised, other people will have 2 months to lodge any notices if they wish to object to your trademark being registered.
5. If there are no objections then your trademark can become fully registered we proceed to the filing and registration of your Trademark - 1 week. 

other steps

Trademark Renewals (on Time) $600.00
Trademark Renewals (on time)  - Additional class $410.00 
Deed of Assignment to Transfer Trademarks  $480.00

All plus gst and include the Government fees 

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