Trade Mark Registration with Marshall Marks
Registration of your brand as a trade mark is the only way that you can obtain formal legal rights in your brand. By achieving registration of your brand as a registered trade mark you will have the strongest claim to use it, as well as the right to prevent others from using it.
Registration of your brand as a registered trade mark with Marshall Marks is a two-step process.
In the first step you will be provided with advice as to whether your brand is likely to qualify for trade mark registration.
The second step is to apply for trade mark registration.
These steps and the costs are described in more detail below.
STEP 1 – ADVICE
You will be provided with a Pre-Application Report which will:
- identify the trade mark that you should seek to register;
- identify the goods and/or services in relation to which you should consider registering your trade mark;
- classify those goods and/or services in accordance with the trade mark registration classification system;
- identify any similar trade marks on the Trade Marks Register that may prevent your safe use of your trade mark;
- provide an assessment of whether the registration of your trade mark is likely to be objected to based on the existence of similar trade marks and your trade mark’s capability to operate as a trade mark under Trade Marks Act 1995 (Cth); and
- provide a cost estimate of applying to register your trade mark, including overcoming any objections raised against its registration, through to registration.
Step 1 is charged at a flat fee of $550.00 (incl. GST) per trade mark.
STEP 2 – APPLICATION
If the Pre-Application Report under “Step 1” does not raise any serious issues to the registration of your brand as a trade mark you may wish to file an application to register your brand as a registered trade mark.
If you wish to go ahead with an application, we will provide you with our Trade Mark Application Instruction Sheet which sets out the details of the application that we will file on your behalf, including the trade mark, the goods/services claimed and the name of the entity making the application, which will be you or your company.
Application costs are determined by the number of classes in to which the goods and/or services that you apply to register your brand are categorised. Each class in an application will be charged at a rate of $530.00 (incl. GST).
Registration costs of $630.00 (incl. GST) per class will be incurred if your brand is accepted for registration and will need to be paid to achieve registration.
Other costs may be incurred in order to achieve registration and you will be informed of the likelihood and extent of these costs in the Pre-Application Report discussed in “Step 1”.
The minimum charge to obtain registration of your brand as a trade mark in a single class, including the Pre-Application Report, will be $1,710.00 (incl. GST).
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This is how we've helped others
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."
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"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "
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"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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