There is great news for businesses looking at registering their trademarks in Australia. In October 2016 IP Australia the government agency that looks after registration of trademarks announced that they were changing the process of registering a trademark to make it a more simple process.
The process of registering a trademark is generally as follows:
- An application is made to IP Australia, where fees are paid,
- Then it will go through an examination phase where an examiner at IP Australia will give preliminary approval or otherwise to a trademark;
- The is trademark is advertised in the Journal to ensure that no third party says that it should own the trademark; and
- Once that period is passed the owner is then given the option to pay for registration of the trademark with that registration lasting for 10 years.
Under the changes when you apply for a trademark you will now automatically pay one fee that will include the registration fee. The actual cost is only an increase of $200 per trademark (as at the time of applying for the trademark making it $330.00 per class that you want to register your trademark in) which is less than the fees that were in place previously for application and then registration (which were approximately $200.00 for the application and $300.00 for the registration).
It is important to note that the fees for ongoing registration have also increased by $100.00 per class.
All of this means that it is now cheaper to register a trademark but keeping it for a long time may result in larger costs over the lifetime of your trademark. It will also eliminate the process whereby business owners would go through the process and then decide not to register the trademark, ensuring that IP Australia are compensated for their work up front.
Many business owners believe that they can register their trademark themselves. However the process is more complicated then you think and making sure that it is done correctly is now more vital than ever, as if you incorrectly register your trademark and have to reapply you will lose a lot more money.
At Streten Masons we have expensive experience in assisting businesses to protect their trademark through registration in Australia and in other countries. If you would like to know more about how we can help you please contact our team on 07 3667 8966 or email@example.com.