Frequently Asked Questions
Frequently Asked Questions
Q: What is the difference between the trade mark symbols ™ and ® ?
A: You may use the ® (Registered symbol) next to your trade mark once your trade mark is registered. If your trade mark is registered overseas but not in Australia, you can also use the symbol, but you need to show the country of registration close to it. Anyone can use the ™ symbol (TM) as this does not indicate that the trade mark is registered.
Q: What benefit is there in trade mark registration as opposed to common law protection?
A: If a trade mark is not registered and another person uses it, the owner may have to take passing off action under the common law to stop the infringement. They will have to prove that they have developed a reputation in the trade mark and that use of the other trade mark would be likely to confuse or deceive the public. This can be difficult and expensive. If the trade mark is registered, a letter from an IP professional such as a registered trade marks attorney or lawyer experienced in trade mark matters may be all that is needed to deter the infringer.
Q: How long does protection last for trade marks and design?
A: A trade mark is initially registered for a period of ten years and continues indefinitely as long as the renewal fees are paid every ten years.
Design registration lasts for a maximum term of 10 years*. The initial period of registration is for 5 years and can be renewed for a further term of 5 years.
*The period of registration of a design changed with the introduction of new legislation in June 2004.
Q: How much does it cost to register a trade mark?
A: In general, the minimum fees* to apply for and register a trade mark are under $400. The fees are split for the application and registration. Application fees commence from $120 and registration fees from $250.
Q: How much does it cost to register a design?
A fee per design is payable at the time the application is lodged. The minimum fee* to commence your application is $200. Once registered, no further costs are required until renewal. Costs for renewal are $275.
Should you need to enforce your design, examination and certification need to occur. The fee to have your design examined is $360. If the design passes examination, certification follows. There is no additional cost for certification.
* Click here for the most up-to-date designs fees.
Q: Do I need to use a lawyer or attorney to file my application?
A: No. However, early advice from an IP professional such as registered Patent and Trade Marks Attorneys can be crucial in understanding the specific issues affecting your proposed patent, trade mark or design and ensuring that any application is professionally prepared and adequately covers your ideas and products.
IP professionals may be able to provide you with business advice, prepare applications, infringement action, licensing, IP audits and also in maintaining your rights.
Q: Can I still protect my design if I have sold copies of it in different stores and also via an on-line store on the Internet?
A: No, if you have publicly disclosed your design prior to registration you may have lost your ability to protect your designs.
