Trademark Registration Australia - trademark costs to protect your Domain name and Branding
Trademark Registration Australia
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A good copywriter knows which words
trigger the feelings that compel people to make decisions. They write with
flair, making it easy for people to be drawn into what they are saying about
your business, services or products. Read an an example of good copywriting for a
fictitious Sydney Mercedes Dealer, or
website copy for a Used Mercedes dealer.
The most effective way to safeguard you against people "trading off" your business name, product or service, is to register a trademark. For more information, including about the justweb® trade mark, please read our
trademark registration article.
Is your trading name protected? Simply obtaining a business name registration (BN),
or even a company registration (ACN), by itself provides no protection under the
justweb® is a REGISTERED trade mark and thus is permitted to show the ® symbol next to its name. This may
also be denoted by displaying a ™ symbol or simply an asterisk (*), where the
asterisk links to further information elsewhere on the page, such as in this
example of our statutory
The most cost-effective way to protect your trading name, or even a product or
service brand, is to go through the trademark registration process. A trademark costs more than an Australia-wide business name registration or even company
incorporation in most cases, but you get much more for your money. Please note: our
business name registration may be of interest as well.
The benefits of trademark rego include:
protection under Australia-wide law under the Trade Mark Act
adding credibility to the name of your business, product or service
warning others against trading off your name or brand
legal fees and IP Australia fees for registration are tax deductible
You can do the registration yourself, either online or by posting a completed
form to IP Australia.
However, if you are not a specialist intellectual property lawyer there are many
important things you are likely to miss. They can hold up your application, give
you less protection than you think you are getting, and more often than not
leave loopholes for someone to register a closely competitive trade mark. This I
know from experience.
The following further guidance is information from a very experienced Commercial
and Intellectual Property Lawyer, including a guide to pricing. I don't
recommend people lightly, but Noric, from Dilanchian Lawyers &
Consultants, is fantastic to deal with, explains everything in easy to
understand terms, and believes in forging long term relationships.
You may be familiar with Noric from reading my summaries of his
newsletters in justweb™ (simply Google "law articles"). If nothing else, sign up for his
e-newsletter as he provides regular, valuable and interesting information on all
aspects of law for businesses.
DILANCHIAN'S MEASURABLE DIFFERENCE Dilanchian Lawyers & Consultants' specialist services for trade mark applicants
deliver superior and cost-effective legal protection as overviewed in this
They sharpen and customise intellectual property (IP) strategies for you in four
1. First rate availability and registrability searches on a detailed list of
local and foreign databases
2. Superior analysis of search results
3. "Legal design" to increase monopoly rights 4. Application drafting to minimise queries in examiner reports and third party
To maximise protection of brands and trade marks, where appropriate Dilanchian's
recommend clients also consider their services for registration of Australian
domain names (eg com.au, .net.au, .org.au), and company/business names.
WHAT IS LEGAL DESIGN? Legal design is vital for a quality registration. This is because the secret for
achieving the best outcomes with trade mark applications is to push in unison
law, design and marketing creativity.
Dilanchian Lawyers & Consultants collaboratively brainstorm brands with clients
and then advise on what trade mark, description of goods/services and ownership
structure works best. This builds your IP portfolio and skills and helps you:
Strengthen the legal strategy for your marketing mix and organisational structure
Form the foundation for the value of your goodwill and brand architecture
Strengthen legal protection for your organisation's valued name, brands,
logos, package designs, package shapes, store fašade designs, service tag lines,
colours, unique descriptors and other signs.
With over 20 years of experience in law and consulting, Dilanchian Lawyers &
Consultants integrate law and management considerations to provide holistic
advice. You receive practical and commercially informed advice you can implement.
SIMPLE FEES STRUCTURE Their solution is to minimise costs and improve outcomes by conducting proper
pre-application searches and analysis, followed by proactive application "legal
design" work. Besides, their fees are highly competitive, and for trade mark
application services they arise in three managed stages as listed below.
SCHEDULE OF FEES Registration usually takes about 10 months.
Stage 1: Application Application stage fees are fixed. Official application fee to IP Australia for 1 mark in 1 class: Aust$180. For each additional class: Aust$180. Dilanchian fee for 1 mark in 1 class: Aust$770. For each additional class: Aust$330.
Stage 2: Examination and any Opposition Examination takes place by IP Australia about 5 months from the date of
lodgement. Dilanchian fee - no fixed fee. Fee is based on hourly rates of Aust$275 for a
junior lawyer or Aust$440 for a senior lawyer.
Stage 3: Registration (10 years) Official Registration Fee to IP Australia is Aust$250 per class. Dilanchian fee - hourly rates apply. Usually the fee is less than Aust$330.
For professional information about protecting your brand, please contact:
Read what some of our clients have to say about justweb®
"We've been using the services of
since about 2002. We have always been
impressed with their fast, efficient
and friendly service...." Phil Murrell Dick Smith Investments
"Rob's advice has been an absolute goldmine - it's been invaluable
in improving our SEO and I thoroughly recommend him to anyone wanting to get
better SEO results for their website." Naomi Robson The Naomi Show
"I found justweb®
on the first page of my Google search. After
deciding to use them for my new website, I found the
service was prompt, professional and, most
importantly for me, Rob was so great at guiding me
through the whole process." Tara Travers Boda Wellbeing Centre
"It's important to me to seek out and surround myself with those I consider
to be experts in their fields, which is why I rely on Rob at justweb®." Tania Zaetta Media Personality, TV Host