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The Essential First Step – Introducing Our Fixed Fee Trade Mark Search, $495

By popular demand! Many small businesses have asked us for low-cost advice about whether they can successfully apply for a trade mark. It’s also a way to split the cost of trademarking your brand into two separate payments, over time. So we’ve created this special low-cost offer, which:

  • completes the first and most important step of your registration process
  • includes legal advice about whether your proposed trade mark meets the legal requirements
  • includes a thorough search (like a government trade mark examiner) for competing trade marks
  • if necessary, includes advice about refining your mark to improve its chances
  • prevents losing your non-refundable government fees due to easily-avoidable mistakes

A more detailed list of our various services and fees is set out below.

Detailed Schedule Of Services And Fees

All services and fees below include GST and any government charges.

A note about ‘classes’: trade marks are registered for specific goods and services, which are categorised into different classes. The Australian government charges a fee for each additional class, so the more classes you wish to register for, the more expensive your trade mark application will be.
  • Draft your trade mark

     

    TBD

     

    This is generally up to the client, but we’re happy to provide a quote from a suitable graphic designer if you wish.

    Initial Consultancy

     

    Free

     

    We set aside half an hour to discuss trade mark issues, at no cost to you. Others charge more than $250 for this.

  • Search of trade mark register

     

    $495

     

    The same type of extended search for conflicting marks the trade mark examiner will do; helps you stop avoidable rejection and loss of fees after filing.

    Trade mark application

     

    $995

     

    Covers your government fees, legal advice, preparation and submission of legal documents, and representing you to the Trade Marks Office.

    Fixed fee package

     

    $1,350

     

    10% discount, for when you just want to get the payment out of the way and start immediately. Includes both your trade mark mark search and application. Your most competitive rate for standard applications in a single class. 

    Additional class

     

    +$575

     

    In essence, gives you a second trade mark covering more extensive goods and services. But at a lower price. Includes the additional government fee and covers the extra work we will do for your application.

    TM Headstart

     

    Included

     

    Expedited service providing pre-filing assessment of the application. If a trade mark examiner objects, this gives you an opportunity (for an extra $150) to resubmit a different mark without losing your initial fee.

    Expedited application

     

    +$1000

     

    Add $1000 to the basic application to cover the urgent work / extra staffing we will do on your application, along with a higher government fee. In one class.

    Search – extended, (‘freedom to operate’)

     

    $750

     

    A thorough search for conflicting trade marks and unregistered ‘common law’ brands, in one class in Australia. Others will charge you more than $1000 for a full search of this nature.

    Search – additional class

     

    $450

     

    For extended searching in each additional class.

    Adverse reports – minor

     

    $0

     

    If the Trade Mark Office has minor questions or minor concerns about your application, we’ll handle it without invoicing you.

    Adverse reports – substantive

     

    $350/hour

     

    If the Trade Mark Office has major questions or major concerns about your application, we’ll handle that too.

    Extension of time request

     

    Varies

     

    Our administrative fee is $150, and the government fee is $100 per month of extension.

    Opposition procedures

     

    TBD

     

    It’s relatively uncommon for a someone to oppose the registration of a trade mark. If it does happen, we’ll provide you a quote on a case-by-case basis.

    Overseas application

     

    TBD

     

    For applications in other countries such as NZ, China or the USA we can provide a quote on a case-by-case basis.

  • IP strategy

     

    TBD

     

    For advice on getting the most commercial benefit out of your trade mark(s), we can provide a quote on a case-by-case basis.

    Licensing / assignment / commercialisation
    negotiations

     

    TBD

     

    Likewise, we’ll provide a quote on a case-by-case basis.

  • Monitor for infringement – per mark, per class, per jurisdiction

     

    $480

     

    The subscription is $40 per month, and includes a number of additional benefits.

    Address for service

       

    Unless you arrange otherwise, we provide an address for service, forward official correspondence and set up suitable reminders for you.

    Monitoring service subscribers

     

    $0

     

    We’ll waive your annual fee for this.

    Non-subscribers

     

    $90

     

    Per annum.

    Amendments to official records

        

    Monitoring service subscribers

     

    $0

     

    We’ll waive your fee for this.

    Non-subscribers

     

    $100

     

    Per item of correspondence we send.

    Renewal

        

    Monitoring service subscribers, one class

     

    $400

     

    We’ll waive your fee, but the government requires $400 per class.

    Non-subscribers, one class

     

    $650

     

    We will charge you a one-off fee on top of the government fee of $400 per class.

  • Statutory declarations – preparation

     

    $100

      

    Letter of demand

     

    $385

     

    For cases where you believe someone is infringing your trade mark.

    Letter of demand (response)

     

    $385

     

    For cases where someone else believes you are infringing their trade mark.

    General trade marks advice

       

    Hourly consulting fee for opening new matters.

    Monitoring service subscribers

     

    $250

     

    A bit more than 50% off our usual rate.

    Non-subscribers

     

    $510

      

    Other services

     

    $250

     

    If something isn’t included on this Schedule of Fees, $250 is our starting point for negotiations when considering one-off tasks for existing clients.

    Hourly rate

     

    $510

     

    For difficult situations, and by prior written agreement. This won’t appear on your invoice by surprise.

    Urgent work premium

     

    + 50%

     

    By prior written agreement for tasks done at your direction, per our Terms of Engagement. Not added to government fees.

    Forex conversion fees

     

    $30+10%

     

    On top of the underlying fee, per transaction.

    Travel expenses

     

    TBD

     

    If you require this, we will provide a quote on a case-by-case basis.

    Disbursements

     

    TBD

     

    Any disbursements will be done only at your direction and then invoiced to you at cost.

    Australian Border Force enforcement of a trade mark

     

    TBD

     

    If you have reason to be concerned about counterfeit imports, there are a number of things that can be done, and we will provide a quote on a case-by-case basis.

    Court actions (enforce or defend trade mark)

     

    TBD

     

    Court actions are subject to solicitor / barrister fees, and while costs can vary widely you must assume they’ll be quite expensive. We will provide a quote on a case-by-case basis.

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help with your trade mark issues