How Much Does It Cost to Transfer or Assign a Trademark in Australia?

By Hollie Ford · 2026-04-14

For a comprehensive overview, see our How to Register a Trademark in Australia.

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TL;DR

• Total cost typically ranges from $500 to $2,500+, covering the assignment deed, legal fees, and IP Australia's recordal fee.
• IP Australia charges $100 per trademark to record a change of ownership (current fee schedule).
• A trademark assignment deed is essential — this is the legal document that formally transfers ownership from one party (assignor) to another (assignee).
• Attorney fees for preparing the assignment deed typically range from $500 to $1,500, depending on complexity and whether the transfer involves goodwill.
• If you're transferring multiple marks or marks across multiple classes, costs multiply — each mark requires its own recordal fee.
• Failing to record the transfer with IP Australia doesn't invalidate the assignment, but it can create significant legal and enforcement risks.
• Timeline: A straightforward assignment and recordal can be completed in 2–6 weeks, though IP Australia processing times vary.

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Ready to transfer a trademark and want to know exactly what it will cost for your situation? Get in touch with our team for a tailored quote.

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Overview — What Is a Trademark Assignment and Why Does It Cost Money?

A trademark assignment is the legal transfer of ownership of a trademark from one party (the assignor) to another (the assignee). Think of it like transferring the title on a property — except instead of land, you're transferring the exclusive rights to use a brand name, logo, or other identifying sign in connection with specific goods or services.

Under Australian law, specifically the Trade Marks Act 1995 (Cth), a registered trademark is personal property that can be bought, sold, or otherwise transferred. Section 106(1) of the Act requires that any assignment of a registered trademark must be in writing and signed by or on behalf of the assignor. This is not optional — an oral agreement to transfer a trademark, no matter how genuine, does not satisfy the statutory requirement.

Why do startup founders encounter trademark assignments?

There are several common scenarios where assignment becomes necessary:

• Selling a business. When a startup is acquired, the trademarks associated with the business need to be formally transferred to the buyer. Failing to do this can leave the buyer without enforceable brand rights.
• Restructuring. Many founders initially register a trademark under their personal name or a sole trader ABN, then later incorporate a company. Moving the mark from the individual to the company requires a formal assignment.
• Splitting equity or spinning off a product. If co-founders go separate ways, or if a product line is spun into a new entity, the associated trademarks must follow through a proper assignment.
• Merging entities. Consolidating multiple business entities under a single holding company often involves assigning trademarks held across different entities.

Why does it cost money?

The costs arise because a valid transfer requires more than a handshake. You need:

1. A properly drafted assignment deed — a legal document that identifies the parties, the marks being transferred, whether goodwill is included, any conditions or warranties, and the effective date of transfer. Getting this right matters, because a poorly drafted deed can be challenged or create ambiguity about who actually owns the mark.
2. IP Australia's recordal fee — once the deed is signed, the transfer should be recorded on the Register of Trademarks so the public record reflects the true owner. IP Australia charges $100 per trademark for this service.
3. Professional advisory costs — a registered trademark attorney ensures the deed is compliant with the Act, that nothing is overlooked (such as pending applications that also need transferring), and that the recordal request is properly filed.

As Hollie Ford, Registered Trade Mark Attorney at Signify IP, explains: "The assignment deed itself is the most critical document in the transfer process. I've seen founders come to us after using generic templates that failed to address goodwill, left out pending applications, or used incorrect trademark numbers. Fixing these issues after the fact always costs more than getting it right the first time."

Cost breakdown at a glance

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Breaking Down Each Cost Component

The assignment deed — your biggest variable cost

The trademark assignment deed is the centrepiece of any transfer. This is the document that both parties sign to formally effect the change of ownership. While templates exist online, the quality and completeness of the deed directly affects whether the transfer holds up legally.

A well-drafted deed will address:

• Identification of the parties — full legal names, ABNs/ACNs, and addresses of the assignor and assignee.
• Identification of the marks — trademark registration numbers, application numbers, and a description of the marks being transferred. Errors here can be costly.
• Goodwill — whether the trademark is being transferred with or without the goodwill of the business. Under the Trade Marks Act 1995, a registered trademark can be assigned with or without the goodwill of the business (section 106(2)). However, the inclusion or exclusion of goodwill has tax and commercial implications, especially for startups undergoing acquisition.
• Warranties and representations — the assignor typically warrants that they are the true owner, that the mark is not subject to any encumbrances, and that there are no pending disputes.
• Effective date — when the transfer takes effect, which may differ from the date of signing.
• Consideration — the price paid for the trademark (even if nominal, such as $1, this should be stated).

Attorney fees for a straightforward deed — say, transferring a single mark from a sole trader to their own Pty Ltd company — typically sit around $500–$800. More complex transfers (multiple marks, cross-border elements, goodwill considerations, or where due diligence is needed on the mark's validity) can push this to $1,000–$1,500 or more.

IP Australia's recordal fee

Once the deed is executed, the next step is to request that IP Australia update the Register of Trademarks to reflect the new owner. This is done by filing a Request to Record a Change of Ownership via IP Australia's online portal or by submitting the appropriate form.

The current fee is $100 per trademark. This is charged per trademark number (registration or application), not per class. So if you have one registration covering three classes of goods and services, you pay $100 — not $300. But if you have three separate registrations, you pay $300.

Tip: It's worth auditing your full trademark portfolio before initiating a transfer. Many founders discover they have both registrations and pending applications that need assigning — or that marks were filed under a personal name that no longer reflects the business structure.

Attorney and advisory costs beyond the deed

In some cases, the assignment deed is just one part of a broader transaction. Additional costs may arise from:

• Trademark portfolio audit — reviewing all marks to ensure nothing is missed (especially important in acquisitions).
• Due diligence — checking that the marks are valid, not subject to removal actions, and free from third-party interests or licences.
• Licence review — if the assignor has granted licences to third parties, these need to be addressed in the transfer.
• Tax advice — the transfer of intellectual property can have GST and income tax implications. This typically requires input from an accountant, not a trademark attorney, but it's a cost to budget for.

These additional services might add $200–$500+ to the total, depending on scope.

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The Step-by-Step Process and Timeline

Understanding the process helps you anticipate both costs and timing. Here's what a typical trademark assignment looks like from start to finish:

Step 1: Identify the marks to be transferred (Day 1–3)

Compile a full list of trademark registrations and applications to be assigned. Check the details on IP Australia's Australian Trademark Search (ATMS) database. Confirm registration numbers, current owner details, and status.

Step 2: Instruct a trademark attorney (Day 1–5)

Engage a registered trademark attorney to prepare the assignment deed. Provide them with the details of both parties, the marks, and the commercial context (e.g., asset sale, restructure). This is where most of the professional fees are incurred.

Step 3: Draft and review the assignment deed (Day 3–10)

The attorney prepares the deed. Both parties review, negotiate any changes, and sign. In straightforward cases, this can happen within a week. Complex transfers may take longer.

Step 4: Execute the deed (Day 7–14)

Both parties sign the deed, and it is dated. The trademark is legally transferred from this point — even before IP Australia is notified.

Step 5: File the recordal request with IP Australia (Day 7–14)

The attorney (or the parties) files the request to record the change of ownership with IP Australia, along with the $100 fee per mark and supporting documentation (typically a copy of the executed deed or a statutory declaration).

Step 6: IP Australia processes the request (Day 14–42)

IP Australia reviews the request and, if everything is in order, updates the Register. Processing times vary but are typically 1–4 weeks. Once recorded, the new owner's details appear on the public register.

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Planning a business restructure or acquisition and need your trademarks transferred properly? Book a free trademark search to start with a clear picture of your portfolio.

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Hidden Costs and Common Pitfalls to Watch For

Transferring without goodwill — the tax trap

As mentioned, section 106(2) of the Trade Marks Act 1995 allows a trademark to be assigned with or without the goodwill of the associated business. However, transferring a mark without goodwill may have CGT implications or affect the valuation of the mark for tax purposes. If you're transferring a mark as part of a business sale, get specific tax advice — the cost of an accountant's input (typically $300–$800 for a targeted opinion) can save significant headaches later.

Forgetting pending applications

A common oversight: founders transfer their registered marks but forget about pending applications. A pending application is a separate asset and must be assigned separately (though it can be included in the same deed). Missing this means the pending application, once registered, will be in the name of the old owner — requiring a second assignment and additional fees.

Using generic online templates

While a simple Google search will surface free trademark assignment deed templates, these often:

• Fail to comply with Australian statutory requirements.
• Omit critical clauses around goodwill, warranties, or consideration.
• Use incorrect terminology (e.g., referencing US or UK legislation).
• Don't account for multiple marks, applications, or classes.

Hollie Ford notes: "A $50 template that results in an ineffective assignment can cost thousands to fix — especially if the error isn't discovered until you're trying to enforce the mark or sell the business. For most startups, the investment in a properly prepared deed is modest relative to the risk."

Not recording the transfer

Technically, the assignment is valid between the parties even without recordal on the Register. However, not recording the transfer creates several risks:

• Enforcement difficulties — to bring infringement proceedings, you generally need to be the registered owner. An unrecorded transfer can delay or complicate enforcement.
• Third-party issues — a bona fide purchaser who checks the Register and sees the old owner may not recognise your claim to the mark.
• Licensing complications — if you want to licence the mark to others, having your ownership clearly recorded is essential.
• Future sale or investment — investors and acquirers conducting due diligence will expect the Register to match your claimed ownership.

The $100 recordal fee is a small price to pay for certainty.

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When Costs Can Escalate

Not every transfer is simple. Here are scenarios where you should budget for the higher end of the range — or beyond:

• Cross-border transfers — if the assignor or assignee is based overseas, additional considerations arise (e.g., exchange rate on consideration, foreign entity verification, potential stamp duty).
• Large portfolios — a startup with 10+ marks across multiple classes will face higher recordal fees ($1,000+) and attorney time for auditing and drafting.
• Disputed ownership — if there's any question about who truly owns the mark (e.g., a co-founder dispute), legal costs can escalate significantly before an assignment can even be executed.
• Marks subject to licences or security interests — if the mark has been licenced to a third party or used as security for a loan, the licence or security agreement must be addressed before or as part of the assignment.

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FAQ

How much does it cost to transfer a trademark in Australia?

The total cost to transfer (assign) a trademark in Australia typically ranges from $600 to $2,500 or more, depending on complexity. This includes the preparation of a trademark assignment deed (usually $500–$1,500 via a trademark attorney), IP Australia's official recordal fee of $100 per trademark, and any additional legal advisory costs. Straightforward transfers — such as moving a single mark from a sole trader to their own company — are at the lower end.

What is the IP Australia fee to record a trademark transfer?

IP Australia charges $100 per trademark to record a change of ownership on the Register of Trademarks. This fee applies per trademark registration or application, not per class. If you are transferring multiple trademarks, you'll pay $100 for each one.

Do I need a trademark assignment deed to transfer a trademark?

Yes. Under section 106(1) of the Trade Marks Act 1995 (Cth), an assignment of a registered trademark must be in writing and signed by or on behalf of the assignor. A properly drafted assignment deed is the standard way to meet this requirement. While informal written agreements may technically constitute an assignment, a formal deed provides certainty and is required by IP Australia to record the transfer.

Can I transfer a trademark application that hasn't been registered yet?

Yes. Trademark applications (pending marks) can be assigned in the same way as registered marks. The assignment deed should reference the application number, and you can request IP Australia to record the change of ownership on the pending application. The costs are generally similar to transferring a registered mark.

How long does it take to transfer a trademark in Australia?

A straightforward trademark assignment — including drafting and signing the deed and recording the transfer with IP Australia — typically takes 2–6 weeks. The legal drafting and execution can often be completed in 1–2 weeks, with IP Australia's processing time adding another 1–4 weeks depending on their current workload.

What happens if I don't record the trademark transfer with IP Australia?

The assignment is still legally valid between the assignor and assignee even without recordal. However, failing to record the transfer means the Register of Trademarks won't reflect the true owner. This can create problems when trying to enforce the mark, grant licences, sell the mark in future, or satisfy due diligence requirements from investors or acquirers. Recording the transfer promptly is strongly recommended.

Can I assign a trademark without transferring the business goodwill?

Yes. Section 106(2) of the Trade Marks Act 1995 expressly permits the assignment of a registered trademark with or without the goodwill of the business. However, whether you transfer goodwill can have tax and commercial implications, so it's worth discussing this with both your trademark attorney and accountant before deciding.

Is stamp duty payable on a trademark assignment in Australia?

Stamp duty on the transfer of intellectual property has been abolished in most Australian states and territories. However, if the trademark is being transferred as part of a broader business sale that includes other dutiable assets (such as real property or certain business assets), stamp duty may still be relevant to the overall transaction. Check with your accountant or legal adviser for your specific situation.

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Need help transferring a trademark or want clarity on what your assignment will cost? Enquire now — Hollie Ford and the Signify IP team can provide a fixed-fee quote tailored to your situation.

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This information is general in nature and does not constitute legal advice. Trademark law involves specific statutory requirements and individual circumstances vary. We recommend seeking advice from a registered trademark attorney for your particular situation.