Trade Mark – Headstart Package

WHAT’S IT FOR?

If you want to protect your business name, brand names, logo or catchphrases from being used by others, you should register a trade mark. Registration gives you an exclusive right to use the trade mark, allowing you to stop others from using it. Registering a trade mark is a complex and technical process and it’s a good idea to have a lawyer help you through it.

WHAT’S INCLUDED?

We’ll apply to IP Australia to register your trade mark via TM Headstart.

This package includes:

• Initial consultation to ensure you have all information required to proceed with the application
• Submitting Part 1 of your application using IP Australia TM Headstart (1 trade mark in 1 class)
• Optional: Formalising the application by applying to IP Australia for a 10-year trade mark registration

This package also includes complimentary monitoring of your trade mark application up until registration. If there are any issues raised by IP Australia during the examination of your application, we will provide a free consultation in relation to the issue and, if any substantial action is required, we may provide a fixed-fee quote.

Additional classes cost $480 + GST per class.

Additional related trade marks (in the same class) cost $480 + GST per mark.

Important notes about the process and refunds:

In between Part 1 and Part 2, you will receive the Headstart report from IP Australia. Once we have received the Headstart report, we may require your confirmation to proceed with Part 2. If we require your confirmation and do not receive a response from you within the 48 hours, please note that your application may be discontinued and an additional $200 fee will apply to resubmit Part 1. After you receive the Headstart report, if you choose not to go ahead with Part 2 then we will refund any Part 2 fees ($130 per class) that we have not paid to IP Australia.

This package includes a non-refundable consultation fee ($300 + GST). Although your lawyer will do a quick sense check before proceeding with the application, this package does not include a full search of the trade mark register or any advice relating to the trade mark registration’s likelihood of success. If after the initial consultation you realise you do not have everything required to proceed with the application, you will have the option of receiving a refund for the remaining cost of the package minus the non-refundable consultation fee.

If the Headstart assessment is adverse, we’ll assess 1 x adverse Trade Mark Headstart report issued by IP Australia per trade mark. We will also cover the cost of submitting 1 x revised version of your trade mark within the TM Headstart time frame, if applicable.

Additional assessments and submissions will incur an additional fee.