Last updated: 
9 August 2019

Timeframe for getting a trade mark registered

Once you have submitted your trade mark application, it will go into a stockpile to be examined. Depending on the nature of your application, the time period it will take to be examined will vary. For further information about response times see Trade marks responses times

When your application is ready for acceptance, it will be accepted and advertised for opposition purposes. It's important to know that, no matter which way you file your trade mark application (general examination or TM Headstart), you will wait at least 7 months from when your trade mark is filed until it becomes registered. This allows us to ensure we meet our international agreements.

What does a trade mark cost?

There are two preferred means for filing service requests for trade mark applications, such as submitting a new application or paying renewal fees.. One is using our online services. The other is via Business to Business (B2B) for approved businesses with high volume transactions. You are strongly encouraged to use these services, however if you are unable to submit your request online, there are alternative ways to pay such as by post, electronic funds transfer or in person. A higher fee structure may apply in these circumstances.

Online services

Your trade mark may have differing end costs depending on how many classes you register it under and the application method you use.

For most businesses lodging a trade mark application, without the assistance of an IP professional, you will need to select your application method using our TM Headstart service or our Standard filing service. Both methods have different cost structures.

With both methods, applicants will need to consider the fees for application and registration. There is no longer a fee to register your trade mark. However, if you applied before Monday 10 October 2016, you will still need to pay a registration fee when your trade mark has passed examination.

Fees are subject to change. GST does not apply to these statutory fees under division 81 of the Goods and Services Act 1999.

Applying for a trade mark using the TM Headstart (pre-application service)

Action

Fee

TM Headstart (pre-application service) new request - per class

$200

TM Headstart (pre-application service) new representation - per class

$150

TM Headstart (pre-application service) additional class fee - per class

$200

TM Headstart (pre-application service) Part 2 fee - per class

$130

Applying for a trade mark using the standard filing service   

Action

Fee

Trade mark application - with picklist

$250 per class

Trade mark application - without picklist

$330 per class

Series trade mark application -with picklist

$400 per class

Series trade mark application - without picklist

$480 per class

The picklist can assist you in identifying the class or classes your goods and/or services are best related to. We have more information about classes of goods and services.

Our trade mark price calculator can help you identify the different costs depending on whether you use the picklist and the number of classes you choose.

Applying for a trade mark by other means

Applicants are strongly encouraged to submit their application using our online services, however if you are unable to submit your application online you may submit your application via the post.  A higher fee structure applies.

Action

Fee

Trade mark application

$350 per class

Series trade mark application

$500 per class

Register a trade mark

There is no fee to register your trade mark.

However, if you applied before Monday 10 October 2016, you will still need to pay a registration fee when your trade mark has passed examination.  We will send you a letter to advise when this fee is due.

Action       

Fee for applications submitted before Monday 10 October 2016

Fee for applications submitted from Monday 10 October 2016

Registration fee - single class

$300

No fee

Registration fee - additional classes

$300

No fee

Other fees

Request to include an additional class of goods or services

Action

Fee

Trade mark application

$350 per class

Series trade mark application

$500 per class

Extensions of time

Action

Fee

Request for extension of time to respond to an examiners report 15-21 months, where the final date of acceptance has NOT passed

$100 for each month or part of month for which the extension is being sought

Request for extension of time due to error or omission - S224(2)(a)

$100 for each month or part of month for which the extension is being sought

Request for extension of time due to circumstances beyond the control of the person concerned - S224(2)(b) $100

Request for extension of time due to special circumstances - S224(3)

$100 for each month or part of month for which the extension is being sought

 

An Extension of Time (EOT) for Acceptance (between 15 and 21 months) may be requested if an applicant wishes to extend the time limit for acceptance beyond the initial 15 months, up to 21 months from the issue of the first adverse report. The extension request must be made on or before the acceptance due date. Unlike an Extension of Time under Section 224, an EOT for 15 - 21 months is automatically granted if filing requirements are met.

An Extension of Time  under Section 224 may be requested where an applicant wishes to reinstate an application that has become 'lapsed'. Extensions are subject to approval by a delegate and are not automatically granted. If the extension is for more than three months, it must be advertised in the Official Journal of Trade Marks for an opposition period of one month. If the extension request is to extend the acceptance due date, the extension period will need to include additional time to allow for the opposition period and processing time. 

If the request is made on the basis that the circumstances were beyond the control of the applicant, a flat fee of $100 is required. In all other circumstances, the fee is $100 per month.

 

Sale of documents

Replacement certificates can be ordered via our online services.  Options are: photocopies, certified copies and duplicates. Depending on which option you select the cost will vary.

Copy of one to three documents from the same file

$50 each

Copy of four or more documents from the same file

$200

You can buy Commemorative certificates from a third party. The price ranges from $73 (certificate only and postage) to $243 (certificate plus premium framing for overseas shipping). These can be used for display only and do not replace your certificate for legal purposes.

Renewing a trade mark

When renewing a trade mark you can use our online services or B2B to pay. The fees are below.

Action

Online services fee

Fee by other means

Trade mark renewal - single class

$400

$450

Trade mark renewal - additional class

$400

$450

 

We have more information about trade mark renewals including when you can pay, time periods and expiry.

Refunds

Refunds and waivers are only available in limited circumstances.

We will apply the same rules for refunds and waivers to all of our customers.

Hearings and oppositions

Please note there are additional costs if your trade mark application is the subject of a hearing or opposition.