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Trademarkit provides a suite of trade mark services to assist you with all aspects of the protection of your brand and intellectual property.
Generally the trade mark registration process is as follows:
Apply online for your trade mark search using our secure payment facility. Our fixed fee for a basic trademark search in Australia is $300.00 (inc. GST).
We will provide a trademark search report, which will advise you on how to proceed to register your trademark in the applicable classes.
Apply online to register your trade mark. Our fee for preparing and filing a trade mark application in Australia for one class, including the government fee, is $595.00.
We will advise you on the progress of your application and guide you through the registration process.
Trademarkit offers two trade mark search packages and strongly recommends that you undertake a trade mark search even if you do not then go on to apply to register your name and/or logo as a trade mark. Each package includes a report summarising the results of the search and making recommendations regarding the usability and registration potential of your name, based on our extensive experience conducting trade mark applications.
The search packages are as follows:
Basic Search
We recommend this search if you have been using the proposed mark in Australia for some time.
A search of the Australian Trade Marks Register for identical and similar marks in classes which cover the goods/services with which the proposed mark is associated and appropriate associated classes. Searches of Australian company and business name registries, together with top level and Australian domain names.
Comprehensive Search
We recommend this search if your proposed mark has not been used before and/or if you plan to use it overseas.
A search of the Australian Trade Marks Register for identical and similar marks in classes which cover the goods/services with which the proposed mark will be used and appropriate associated classes. Searches of Australian company and business name registries, together with top level and Australian domain names. Search for common law (unregistered) marks in Australia, including relevant business directory and internet searches depending on the goods/services covered by the proposed mark. Basic search of US, UK, New Zealand and European Community trade marks databases.
A search of the Australian and international trade mark registers is subject to the following qualifications:
The results of the search only reflect the accuracy of the Trades Mark Office records and computer facilities. The Trade Marks Office does not guarantee the accuracy or completeness of these records and facilities. Applications filed in the few weeks prior to the date of the search are not available for searching purposes, but the search can be updated in due course.
If an application to register a mark has been made within the last six months in another country which is a signatory to the Paris Convention (most countries are), it is possible to backdate the Australian application to the filing date of the corresponding overseas application. As a result, a search of the Australian register cannot be conclusive because it will not reveal marks similar to yours applied for overseas within the last six months. It is partly for this purpose that we include a basic search of the major international territories in our Comprehensive Search Package - to try and identify potential conflicting convention applications, although of course this is subject to the same constraints as a search of the Australian register. A search of international registries is also increasingly important in the global marketplace, and we are also able to offer registration services in other territories.
Registering Your Trade Mark
Trademarkit manages the entire trademark registration process on your behalf, as outlined in the trade mark Information section. This includes preparing and submitting the registration application, and dealing with any queries or objections that come back from the trademarks examiner.
It is important to remember that your mark is protected from other applications files after it, no matter how long the registration application process takes.
Generally, the entire application process can take between seven months and two years.
Apply online for Trade Mark Registration here
Our Fee Packages
Basic Search Package AU$300.00*
Comprehensive Search Package AU$595.00
Preparation and filing of application in a single class is AU$500.00, which includes the Trade Marks Office application fee.
AU$295.00 for every additional class in a multi-class application, which includes the Trade Marks Office application fee for an additional class.
Finalising registration of the trade mark, once it has been accepted by the Trade Marks Office, including payment of the registration fees is AU$550.00 for the first class and AU$450.00 for each additional class in the same application.
Other Professional Fees
We are unable to offer fixed rates of professional fees in regard to responding to examiner's reports as the cost of responding will depend on the complexity of the objection. The cost of preparing a response to an examiner's report will be charged at AU$250.00 per hour (inc. GST), and the preparation and filing of a response usually takes between one and three hours, unless substantial evidence has to be filed with the examiner. At the time of receiving an examiner's report we will consult with you and advise as to the costs of responding to that particular report before commencing work on the response.
*All fees shown include a Goods & Services Tax (GST) payable by all Australian entities. Clients outside Australia should note that GST is not applicable to international services.
We accept the following methods of payment:
Visa or Mastercard Online orders via our secure order system
By emailed, faxed or posted search or registration forms, or
Cheque payable to "Shiff & Company Trust Account". No work will be undertaken until we receive payment.
As a law firm, all payments are held in our Trust Account until we have completed our work and forwarded our tax invoice to you.
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