Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is A Trade Mark (And Why Are The Fees Worth It)?
Smart Ways To Keep Your Trade Mark Costs Down
- 1) Be Strategic With Classes
- 2) Use The Picklist Where It Fits
- 3) Consider Headstart For Early Risk Insights
- 4) Do A Proper Clearance Check
- 5) Filing Both Word And Logo? Prioritise The Word First
- 6) Track Renewal Dates Early
- 7) Get Your Website And Privacy Settings In Order
- 8) Own (And License) Your Brand Properly
- 9) Budget For The Realistic All‑In Cost
- What Legal Documents Support A Strong, Enforceable Brand?
- Key Takeaways
Registering a trade mark is one of the most cost‑effective ways to protect your brand in Australia. Whether you’re locking down your business name, logo or a distinctive tagline, it’s natural to ask: how much does it cost to register a trade mark in Australia?
The short answer is that fees depend on what you file, how many classes you need and the application method you choose. There are also optional costs to consider, such as professional searches, responding to examiner objections and long‑term renewals.
In this guide, we’ll unpack the trade mark registration fees set by IP Australia, give you real‑world cost scenarios, and share practical tips to keep costs down without cutting corners on protection.
What Is A Trade Mark (And Why Are The Fees Worth It)?
A registered trade mark is a legal right granted by IP Australia that protects a brand “sign” you use to distinguish your goods or services from someone else’s. That sign could be a word, logo, phrase, image, or a combination. Registration lasts 10 years at a time and can be renewed indefinitely as long as you keep paying renewal fees.
Registration gives you strong, enforceable rights within the classes and goods/services you’ve claimed. Those rights are not absolute in every context, and they sit alongside other rights that may exist in Australia (for example, limited common law rights through “passing off” and protections against misleading or deceptive conduct under the Australian Consumer Law). However, a registered trade mark is usually the clearest, most reliable way to stop copycats and license your brand with confidence.
If you’re mapping out the scope of your protection, choosing the right classes matters. Australia uses the Nice Classification system, and your coverage only extends to the classes you select. A quick refresher on how classes work is in our guide to trade mark classes.
How Are Trade Mark Fees Calculated In Australia?
IP Australia sets the government fees for trade mark applications. Your total outlay will depend on the application pathway, the number of classes, and whether you stick to the pre‑approved descriptions (the “picklist”).
Core Application Fees
- Standard application using the picklist (online): $250 per class. This is the most cost‑effective option if your goods/services are covered by the picklist.
- Application with custom wording: $400 per class. You’ll pay this where you draft a custom description for your goods or services (often used when offerings are novel or don’t neatly fit the picklist).
Each separate sign (for example, a word mark and a logo) is a separate application with its own per‑class fees.
Headstart Pre‑Assessment (Optional)
IP Australia’s Headstart service provides an early, non‑binding assessment before formal filing. It’s a two‑stage fee:
- Stage 1 (request and assessment): $200 per class.
- Stage 2 (conversion to a formal application): $130 per class if you choose to proceed after the report.
If you complete both stages, the total is $330 per class. Many applicants use Headstart for greater certainty before committing to a formal filing.
Renewal Fees
- Renewal (every 10 years): From $400 per class (standard online renewal fee).
If you miss the renewal deadline, late fees apply. It’s wise to diarise renewals well in advance.
Other Government Fees You Might Encounter
- Opposition or hearing fees: If your application is opposed or proceeds to a hearing, additional IP Australia fees can arise.
- Amendment or divisional filings: Complex applications may require extra filings that attract further fees.
Government fees are non‑refundable. If an application is refused or withdrawn, you won’t get the filing fee back-so getting the strategy right up‑front is important.
Typical Total Cost Scenarios (With Examples)
To help you budget, here are some common scenarios that reflect what Australian businesses often spend just on government fees (legal assistance and other costs are addressed below).
1) Single Mark, Single Class (Picklist)
What you’re filing: One trade mark (for example, your business name as a word mark) in a single class using the picklist.
- Standard application: $250 in government fees.
- With Headstart: $330 in government fees for the two‑stage pre‑assessment and conversion.
Good for: Straightforward brands in well‑defined markets (e.g., “retail services” or “software as a service” that map cleanly to picklist terms).
2) Single Mark, Multiple Classes (Picklist)
What you’re filing: One trade mark (say, a word mark) across two or three classes to cover your goods and related services.
- Two classes: $500 using the picklist ($250 x 2).
- Three classes: $750 using the picklist ($250 x 3).
- Headstart (if used): $660 for two classes or $990 for three classes ($330 x number of classes).
Good for: Businesses with multiple revenue streams (e.g., apparel and retailing, or software and related consulting services).
3) Custom Wording (Novel Offerings Or Tight Fit)
What you’re filing: A mark that needs custom drafted goods/services descriptions.
- One class: $400.
- Two classes: $800.
- Three classes: $1,200.
Good for: New industries or offerings where the picklist is too narrow or doesn’t reflect the commercial reality of what you sell.
4) Word Mark And Logo Filed Separately
What you’re filing: A word mark (your business name) and a separate logo/device mark in the same class, both using the picklist.
- Fees: $250 + $250 = $500 for one class (two applications).
Good for: Businesses that want belt‑and‑braces protection for the name and the logo separately. If you change your logo later, your word mark protection still stands.
5) Renewal At 10 Years
Assuming you keep the same coverage, renewal is from $400 per class. For two classes, budget from $800, and increase accordingly for each extra class. Mark renewal dates well ahead so you don’t pay late fees.
Other Costs You Should Budget For (Beyond IP Australia Fees)
Many businesses choose to self‑file. Others prefer support to reduce risk and save time. Here are common non‑government costs to consider so you see the full picture.
Professional Searches And Advice
A professional clearance search looks beyond identical names to pick up similar marks, phonetic equivalents and related goods/services in neighbouring classes. It can help you avoid costly objections, oppositions or a forced rebrand down the track.
Typical costs vary by scope and complexity. Many businesses treat a professional search as insurance against filing fees that might otherwise be lost on an unviable mark.
Application Strategy, Drafting And Lodgement
Support here can include refining your specification, choosing the right classes, preparing the filing, and managing deadlines. If you want support end‑to‑end, consider working with a team that files trade marks regularly. If you need help getting started, you can speak to us about registering your trade marks.
Responding To Examiner Objections
If the examiner raises issues (for example, descriptiveness or prior rights), a considered response can keep your application on track. Fees for preparing submissions vary with complexity and whether evidence is required.
Opposition Proceedings
If a third party opposes your application, you’ll need a strategy-this may involve evidence and hearings. This is where early clearance searching often pays for itself.
International Protection
If you plan to expand overseas, you can file in individual countries or via the Madrid Protocol designating multiple territories. Each country charges its own fees, and you’ll also need to consider translation, local counsel (in some cases) and timelines.
Surrounding IP Housekeeping
Make sure you actually own the brand assets you’re registering. If a designer or agency created your logo, you may need an IP Assignment to transfer ownership to your business before you file or license the mark. When sharing brand concepts before filing, consider an NDA to protect confidentiality.
Smart Ways To Keep Your Trade Mark Costs Down
Trade mark protection doesn’t have to be expensive. These practical steps help you control spend while strengthening your position.
1) Be Strategic With Classes
Only claim the classes you actually need now and in the near future. Over‑claiming inflates fees and can invite challenges if you don’t genuinely use the mark for those goods/services. Under‑claiming, however, can leave gaps. Plan your roadmap and align classes with what you’ll sell or provide.
2) Use The Picklist Where It Fits
If the picklist accurately captures your goods or services, you’ll pay $250 per class instead of $400. If your offering doesn’t fit, don’t force it-custom wording may be worth the added fee to get the right protection.
3) Consider Headstart For Early Risk Insights
Headstart’s pre‑assessment can flag issues before you proceed to formal filing. The extra $80 per class (compared with a standard picklist application) can be a worthwhile trade‑off for greater certainty, especially in crowded markets.
4) Do A Proper Clearance Check
Search for identical and similar marks in your classes and nearby classes. Look at phonetic equivalents and common misspellings. This reduces the risk of objections, oppositions and re‑filing costs. In addition to trade mark registries, consider general market use-passing off and the Australian Consumer Law’s misleading or deceptive conduct rules can still bite, even without a registered mark. For context, see how section 18 of the ACL treats misleading conduct.
5) Filing Both Word And Logo? Prioritise The Word First
If budget is tight, many businesses prioritise the word mark first because it can protect the name across a range of visual executions. The logo filing can follow when funds allow. If you’re highly logo‑led (for example, a distinctive device mark), reverse the order.
6) Track Renewal Dates Early
Renewals are every 10 years. Put reminders in your calendar well ahead of the deadline to avoid late fees or, worse, losing protection and having to refile from scratch.
7) Get Your Website And Privacy Settings In Order
A strong brand goes hand‑in‑hand with clear online rules and data practices. If you trade online, you’ll usually want Website Terms & Conditions and a compliant Privacy Policy-both documents support consistent brand use, licensing terms and enforcement.
8) Own (And License) Your Brand Properly
If you intend to let others use your brand (for example, distributors or franchisees), think about licensing structures early. Clear licensing reduces misuse and simplifies enforcement. Before licensing, ensure chain‑of‑title with an IP Assignment where needed.
9) Budget For The Realistic All‑In Cost
Your all‑in budget should include government fees, optional Headstart pre‑assessment, and a buffer for professional help if objections arise. This reduces surprises and keeps your filing moving if an issue pops up.
Common Questions About Trade Mark Costs (Answered Simply)
Is It Cheaper To File More Classes At Once?
You pay per class, so more classes always cost more. That said, it’s often more efficient to file all the classes you genuinely need in one application so your protection starts on the same date and you avoid multiple rounds of process later.
Do I Need A Lawyer Or Can I DIY?
You can absolutely self‑file using IP Australia’s online services. Many founders do. If your mark is distinctive, your classes are straightforward and you’re comfortable with the process, DIY can work well. If your offering is novel, the market is crowded, or you’d like to reduce risk and save time, professional guidance (including filing your application for you) can be worth the extra cost. If you want support, our team can handle the process for you-see our service for registering trade marks.
What If My Application Is Rejected?
Government filing fees are non‑refundable. If an application is refused and you can’t overcome the issues, you’ll need to re‑file and pay new fees. That’s why clearance searches and smart class selection are so valuable.
How Much To Trade Mark A Logo Versus A Name?
The fee structure is the same-fees are per application, per class. If you want to protect both your name (word mark) and your logo (device mark), they’re separate applications that each attract per‑class fees.
Do Any Exemptions Apply?
IP Australia’s fees are generally payable for all applicants. Don’t assume there are fee waivers or exemptions-plan your budget on the basis the published fees apply to you.
What If I Rebrand Or Sell My Business?
If you change your brand, you’ll usually file a new application for the new mark. If your trade marks need to be transferred (for example, after a sale), you’ll want the paperwork to reflect the change in ownership-this is where a clean chain‑of‑title and, if necessary, a trade mark assignment make life easier.
What Legal Documents Support A Strong, Enforceable Brand?
Registration is the cornerstone, but a few practical documents help you use, enforce and monetise your brand day‑to‑day:
- Trade Mark Filing And Management: Professional help to plan classes, file, respond to objections and track renewals; see register your trade marks for support.
- IP Assignment: Transfers ownership of logos or brand assets from a designer, contractor or prior entity to your business, ensuring you actually own what you’re registering-consider an IP Assignment if needed.
- Trade Mark Licence: Lets resellers, franchisees or partners use your mark on agreed terms (scope, quality control, royalties). Proper licensing also strengthens enforceability.
- NDA (Confidentiality Agreement): If you’re sharing brand concepts pre‑launch or discussing partnerships, an NDA protects non‑public information.
- Website Terms & Conditions: Sets the rules for customers using your site or platform, including brand and content use; see Website Terms & Conditions.
- Privacy Policy: If you collect personal information (for example, newsletter sign‑ups or checkout data), a compliant Privacy Policy is key to managing risk and building trust.
Not every business needs every document from day one, but having the right set tailored to your model will reduce disputes and support brand growth.
Key Takeaways
- IP Australia’s trade mark application fees start at $250 per class using the picklist, or $400 per class if you need custom wording; the optional Headstart pre‑assessment totals $330 per class if you proceed.
- Registration lasts 10 years and can be renewed from $400 per class each decade-set reminders early to avoid late fees.
- Your total cost depends on the number of marks and classes you file; filing a word mark and logo in the same class means two applications and two sets of per‑class fees.
- Budget for more than government fees-clearance searches, strategy, and handling objections can save money overall by avoiding re‑filings or disputes.
- Choose classes carefully and use the picklist where it fits to control fees, but don’t skimp on protection you genuinely need in the near term.
- Protect the rest of your brand ecosystem with practical documents such as an IP Assignment, NDA, Website Terms & Conditions and a Privacy Policy.
If you’d like a consultation on trade mark registration fees or a hand filing your application, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








