Trademarks
Trade mark registration gives a ‘sword and shield’ benefit – it allows you to stop other traders from using a similar name or logo to you, and also protects you from most allegations that your trading name or logo infringes someone else’s rights.

The most common misconception in this area concerns registered business names and company names. These do not give you any proprietary rights whatsoever - so they cannot be used to stop other traders from using a similar name or logo to you, and they do not protect you from being sued for infringing someone else's rights.

But if you are reading this, you probably already know about the benefits of trade marks – you’re more interested in the how and how much.

Searches
The first thing to do is a search - both of any proposed names and logos, to see whether there is anyone with a prior claim.
 
The main database is the Register of Trade Marks, but searches should also be done of company and business names, and domain names (in case the person hasn't registered their trade mark). 

These searches can all be conducted for free on the Internet from the above links. However, because you can run into trouble with marks which are not just identical but also those that are ‘deceptively similar’, you should use a qualified person to conduct these searches – particularly of the Trade Marks Office database.

More detailed searches can be done using Internet search engines, and industry directories. It is also advisable to check key international trade marks databases (e.g. UK, US, NZ), not only if you have thoughts of expansion, but also because overseas applications can be backdated locally by up to 6 months.

(Please note that there is some lag time anyway with the databases, so a search for availability can never be definitive.)

Application
Assuming there are no sufficiently similar marks (and the mark is not unregistrable for some other reason), the next step is to apply for registration. 

This is a fairly straightforward process - it simply requires identification of the correct "class" (i.e. the relevant goods and/or services provided under the trade mark), and a description of these goods / services. 

Costs
There are two government fees payable - one on application ($120-$180 per class), and the other upon registration (a further $250 per class).
 
In terms of professional fees, we charge a fixed price of $395 per trade mark for the basic searches referred to above, and $990 per trade mark for the more comprehensive searching. This includes advice on the likelihood of registrability, and any potentially conflicting marks.

The fixed costs for preparing and filing an application are $395 per trade mark for a single class, and a further $65 for each additional class.

There will be additional charges if any correspondence is required with the Trade Marks Office, or if the application is opposed. This is charged at our standard rate of $420 per hour. Preparing and filing a response usually takes between 1/2 hour - 3 hours in the first instance, unless substantial evidence has to be filed.

If you do not want to wait the three to four months it normally takes before the Trade Marks Office advises whether the mark is to be accepted for registration, we can file an "application for expedited examination" for you, at a cost of $220.

Our professional rates (hourly and fixed) are exclusive of GST. No GST is payable by overseas clients.