Getting Ahead with TM Headstart
1. General Guide to TM Headstart
What is TM Headstart?
Have a new brand name and want to know sooner rather than later that you can use and protect it as a trade mark?
A great way to test the waters is through a TM Headstart (TMHS) application, rather than a standard application.
A TMHS application is effectively a two-part process that combines a formal search and assessment, with the option to continue on with a trade mark application, depending on the outcome of the search and assessment.
2. TM Headstart vs standard APPLICATION
Benefits of a TM Headstart
TMHS Application
- Preliminary search and assessment by an Examiner (Part 1)
- Assessment report received within 5 working days
- Can make changes to the mark itself (if needed)
- Can add or remove classes (if needed)
- TM Headstart application not published
- Depending on the outcome of the assessment, you can then decide to proceed with a standard application (Part 2).
Standard Application
- Application is published as soon as it is filed
- Cannot make any changes to the mark once filed
- Cannot add further classes once filed
- Examination takes up to 6 months to occur
With the TMHS application process, you can obtain an early assessment of the registrability of your mark before committing further to the trade mark process, and costs.
3. THE Tm Headstart PROCESS
The Process
The TMHS application process involves a few steps:
- Part 1 - we’ll receive a formal search and opinion from an Examiner about the possible registrability of your mark (Part 1 Fee applies per class);
- The Examiner will assess the mark and provide a report within 5 working days;
Based on the results or issues raised by the Examiner, you can either:
- Make amendments to the application, including submitting a new mark for reassessment. Amendments are optional and fees apply per class;
- Or proceed with Part 2 which transforms the TMHS application into a standard application (Part 2 Fee applies per class).
This is an economic and efficient way to gauge if your trade mark will run into any potential issues. You can then make an assessment about whether you wish to proceed further with the use and protection of your trade mark.
4. Brand Assets
Types of Trade Marks
Trade marks can come in all different shapes and sizes including words, logos, taglines, slogan; and even shapes and colours.
Word marks
Where possible, we advise clients to register their core brand, as word mark as a first priority. Word marks provide the broadest scope of protection and greatest flexibility in terms of use. For example, you won't be locked into a particular style, font, colour — you’ll have protection for the word or words themselves.
Logo marks
During the assessment of the TMHS application, if an Examiner identifies issues with the word mark, the alternative option is to consider submitting a logo version of the mark or a new word mark as an amendment.
The Examiner will then reassess the new mark and provide a new report within another 5 working days.
5. Classification of goods and services
Classes for Registration
Trade marks are registered in accordance with a classification system. There are 45 different classes that cover a range of products and services.
The costs associated with trade mark registration depends on the number of classes you decide to cover in an application.
We advise clients to focus the class(es) that will cover their core business, products and/or services.
We'll work with you to prepare the right specification of goods and services to cover your immediate business needs, and any possible business plans.
6. How much does it cost?
TM Headstart Costs
A guide to costs for a TMHS application:
Part 1:
- AU$850 + GST for a single class.
- AU$600 + GST applies for each additional class.
Examination:
- To review the TMHS assessment report, including advice on any issues raised by the Examiner, the cost will be AU$400 + GST.
Amendments (Optional):
a) Submitting a new trade mark for reassessment:
- AU$350 + GST for a single class.
- AU$150 fee applies for each additional class.
b) Adding additional classes for reassessment:
- AU$450 + GST for a single class
- AU$200 fee applies for each additional class.
c) To review any further TMHS assessment report(s) will be AU$250 + GST.
Part 2:
- AU$350 + GST for a single class.
- AU$130 fee applies for each additional class.
Once the Part 2 Fee is paid, the TMHS application will be transformed into a standard application.
It will be published on the database and proceed as per the normal application process. There will be a further top-up examination, acceptance and then registration. The cost at acceptance will be AU$350 + GST to finalise the registration.
The above costs are inclusive of service charges and official fees.
7. How long will it take?
Timing
As the TMHS application process involves a preliminary examination of your mark, a further top-up examination occurs 2-3 months from the date the Part 2 Fee is paid.
However, from the time of application, it will take about 7-8 months for your mark to be registered.
8. Got plans for world domination?
International Protection
If you're looking to protect your brand outside of Australia, you'll need to consider registration overseas. Trade mark protection is granted on a country by country basis.
The costs for trade mark protection overseas will vary depending on the number of classes covered and the countries of interest.
Please let us know if you have any plans for your brand internationally, we can help advise on the right trade mark protection strategy, including an estimate of costs.
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