Update to trade mark fees
IP Australia has made changes to fees for the trade mark application process. Before 10 October 2016, it cost $200 per class per trade mark to file a trade mark application, and if the trade mark was accepted, $300 per class per trade mark for registration.
From 10 October 2016, under the new fee structure only one fee is payable and the trade mark application process is as follows:
- applicants pay a fee when they submit a trade mark application (per class per trade mark);
- the pending trade mark will then be examined by IP Australia;
- if the pending trade mark complies with all requirements of the Trade Marks Act and Regulations, the trade mark will be advertised and accepted;
- if no opposition is filed in the 2 month opposition period, or if opposition is decided in favour of the applicant, the trade mark will then be automatically registered.
Please note that if your organisation has already filed a trade mark application prior to 10 October 2016 and subsequently the trade mark is registered, you will still be required to pay the former registration fee (per class per trade mark).
Updated trade mark application fees
The majority of trade mark application fees will increase by $130 per class to partially offset the removal of the $300 registration fee.
| Description: | Former fee: | New fee: |
| TM Headstart (pre-application service) new request – per class | $120 | $200 |
| TM Headstart (pre-application service) new representation – per class | $120 | $150 |
| TM Headstart (pre-application service) additional class fee – per class | $120 | $200 |
| TM Headstart (pre-application service) Part 2 fee – per class | $80 | $130 |
| Trade mark application – without picklist per class | $200 | $330 |
| Series trade mark application – without picklist per class | $350 | $480 |
Updated trade mark renewal fees
| Description: | Former fee: | New fee: |
| Trade mark renewal (online services fee) – per class | $300 | $400 |
| Trade mark renewal (fee by other means) – per class | $350 | $450 |
| Madrid import renewal – per class | $300 | $400 |
The TM renewal fee will increase by $100 to partially offset the removal of the $300 registration fee.
Updated trade mark extension of time to pay late renewal fees
| Former fee: | New fee: |
| $100 per class per month or part thereof from the renewal due date | $100 per month or part thereof from the renewal due date |
The extension of time to pay late renewal fees will apply per trade mark for each month or part of a month from the renewal date – not per class.
The impact the above changes have is that there will be higher upfront costs, but no costs to pay upon registration. As a result of the changes, agencies and clients alike should be mindful of the above costs for budget purposes for brand protection involving trade mark applications.