- Blog
- April 22, 2026
If you’ve ever Googled “how much does it cost to trade mark a name in Australia,” you’ve probably come away more confused than when you started. Some websites quote $250. Others mention figures closer to $2,000. A few just say “contact us for a quote” – which, let’s be honest, doesn’t help when you’re trying to plan a budget.
So let’s cut through the noise.
At Ascot Martin, we’ve helped hundreds of Australian businesses register their trade marks, from solo founders protecting a side hustle to established companies expanding interstate. The cost question comes up in virtually every first conversation we have. Here’s what we tell people.
The Short Answer
The minimum government fee to file a standard trade mark application with IP Australia is $250 per class of goods or services (using the picklist). If you use IP Australia’s TM Headstart pre-application service, the minimum is $330 per class.
But the government filing fee is only part of the picture. For most businesses, the total cost of registering a trade mark – including professional guidance – typically falls somewhere between $1,200 and $3,000 for a straightforward, single-class application. More complex filings (multiple classes, potential conflicts, international protection) cost more.
Let’s break that down.
Understanding the Government Fees (IP Australia)
IP Australia sets the official fees. As of 2026, they look like this:
Application Type | Cost Per Class | Notes |
Standard Application (picklist) | $250 | Lowest cost; uses IP Australia’s pre-set descriptions |
Standard Application (custom wording) | $330 | For goods/services not on the picklist |
TM Headstart | From $330 | Includes pre-assessment before filing |
Renewal (every 10 years) | ~$400 per class | Due on the 10th anniversary of filing |
A quick example. Say you run a Melbourne café and you want to trade mark your brand name for both your coffee products (Class 30) and your café services (Class 43). That’s two classes. Your government filing fee alone would be $500 at minimum.
Most businesses need one to three classes. We’ve seen some clients who assumed they only needed one, only to discover their business actually spans two or three. That’s one area where getting professional advice upfront saves money – because filing the wrong classes, or missing a class entirely, can be far more expensive to fix later.
What a Trade Mark Attorney Actually Costs (And What You Get)
Here’s where the conversation gets more nuanced. A trade mark attorney’s fees cover quite a bit more than just filling out a form.
When you engage a firm like Ascot Martin, our work typically includes:
- A thorough trade mark search to identify potential conflicts before you file (and before you’ve paid the government fee)
- Strategic advice on which classes to file in, and how to describe your goods and services for maximum protection
- Preparing and lodging the application with IP Australia
- Handling the examination process, including responding to any objections from the examiner
- Advising you through the opposition period (the two-month window where third parties can challenge your application)
- Ongoing communication and updates throughout the process
Think of it this way: the government fee gets your application in the door. The attorney’s work is what gives it the best chance of making it through to registration – and being worth something commercially once it does.
Professional fees vary between firms, but for a standard, uncomplicated single-class trade mark, you’d typically be looking at somewhere between $800 and $2,000 for the attorney’s component, on top of the government fees. Some firms charge hourly; others (ourselves included) prefer to give clients as much cost certainty as we can at the outset.
What About the “Hidden” Costs?
We don’t love the word “hidden” – nothing should be hidden. But there are costs that catch people off guard because they didn’t know about them upfront:
Responding to examination objections.
IP Australia’s examiner might raise issues with your application. Maybe your chosen name is too descriptive, or it’s similar to an existing mark. Responding to these objections takes time and skill. If you filed without professional help, this is often the stage where things go sideways.
Opposition proceedings.
If a third party objects to your trade mark during the opposition period, the costs can increase significantly. Oppositions can range from a simple negotiation to a more formal dispute. Having an experienced attorney managing this from the start is the best insurance policy.
International filing.
If you need protection beyond Australia (say, in the US, UK, or across the EU), that’s a separate process with separate costs. The Madrid Protocol makes it simpler to file in multiple countries, but it’s not cheap. We always discuss international strategy early so there are no surprises.
Getting it wrong and having to start again.
This is the cost nobody talks about. We’ve seen businesses file their own trade mark applications, get them rejected or registered with inadequate coverage, and then come to us to sort it out. Starting over is always more expensive than doing it right the first time.
Can I Just File It Myself and Save the Attorney Fee?
Technically, yes. IP Australia’s online system is designed for self-filers, and the TM Headstart service gives you a preliminary assessment before you commit.
But here’s the thing: a trade mark application isn’t just a form. It’s a legal document that defines the scope of your brand protection for the next decade (and beyond, if you renew). The choices you make at filing – which classes, how your goods and services are described, whether the mark is distinctive enough – have consequences that play out over years.
We’ve written about common mistakes businesses make when registering trade marks (see our earlier blog post on that topic). The short version: doing it yourself can work for very simple, straightforward filings. But if your business is growing, if you’re operating in a competitive market, or if you plan to expand internationally, the cost of professional guidance is almost always worth it.
Is It Actually Worth It?
We’re obviously biased. But let us put it in commercial terms.
A registered trade mark gives you the exclusive legal right to use that name, logo, or slogan in connection with your goods or services in Australia. Without it, someone else can register the same or a confusingly similar mark – and suddenly you’re the one who has to rebrand. The cost of rebranding a business (new signage, packaging, website, marketing materials, lost customer recognition) dwarfs the cost of registration.
We’ve had clients come to us after discovering that a competitor had started using a nearly identical name. The ones who had a registered trade mark had clear legal grounds to stop it. The ones who didn’t were in a much harder position.
A registered trade mark is also an asset on your balance sheet. It has commercial value. It can be licensed, sold, or used as security. If you ever sell your business, having registered IP makes you more attractive to buyers and can directly increase the sale price.
Frequently Asked Questions
How long does trade mark registration take in Australia?
From filing to registration, it typically takes around 7 to 12 months, assuming there are no significant objections or oppositions. In some cases it can be quicker; in others, longer.
Do I need a trade mark if I’ve already registered my business name with ASIC?
Yes – they’re not the same thing. An ASIC business name registration gives you the right to trade under that name but provides no intellectual property protection. Someone else can still register a similar name as a trade mark and potentially force you to change yours. We’ve written a separate post on this exact topic (see Blog Post 4 below).
What’s the difference between ® and ™?
The ® symbol means a trade mark is officially registered with IP Australia. The ™ symbol indicates that a business is claiming trade mark rights but hasn’t necessarily registered. Only registered marks carry the full weight of legal protection.
Can I trade mark a logo and a name separately?
Yes. In fact, it’s often advisable. Registering them separately gives you broader and more flexible protection than a single combined mark. We can advise on the best approach for your situation.
What if my trade mark application gets rejected?
It depends on why. Many objections can be overcome with a well-prepared response. Others might require amending the application or rethinking the strategy. This is where having an experienced attorney makes the biggest difference.
What to Do Next
If you’re thinking about registering a trade mark, the smartest first step is a conversation. At Ascot Martin, we offer a cost-free, obligation-free initial meeting where we can assess your situation, explain the process, and give you a realistic idea of costs before you commit to anything. Book a consultation → Ascot martin
You don’t need to have all the answers before you call. That’s what we’re here for.