Australian Trade Mark Fee Changes

The Australian Trade Marks Office (‘IP Australia’) has recently announced official fee changes effective from 1 October 2020.

 

The most significant change is an increase to trade mark application fees.

The official fees payable (per class) for a standard application are being raised from AU$330 to AU$400. This provides an even greater incentive to utilise IP Australia’s option of a pick list of goods and services, whose classifications have been pre-approved. If the pick list option is selected at the time of filing, the official fees charged are only AU$250 per class. While the pick list does not allow for tailored or very precise descriptions, the broad descriptions available are suitable for use in a majority of cases.

Another key change is the modified fee schedule for trade mark hearings. Among other changes, parties seeking to rely solely on written submissions will need to pay a fee to have those submissions considered. There are also additional charges for attending a hearing in person (when those eventually become available), rather than by video or teleconference.

Further changes relate to the filing of International Registrations designating Australia, series applications, and the renewal of registrations in the unusual case of the application process taking more than 10 years. The full list of relevant fee changes being implemented may be found in the table below.

Shelston IP utilises the “Preferred Means” option for relevant items, which incurs lower fees than other means.

If you have any questions about these fee changes, or wish to file a trade mark application in Australia prior to the increases, please feel free to contact our team for advice and assistance.

 

Australian Trade Mark Fee Changes – from 1 October 2020

 

Fee Description

 

Old Fee (AUD)

New Fee (AUD)

 

Trade Mark Application Fees
Madrid Import Application – First Class*

$350

$400

Madrid Import Application – Additional Classes*

*Please note: Changes to Madrid Import Application fees are not scheduled to commence until  12am AEDT, 7 November 2020

$350

$400

Standard TM Application – First Class -No Pick List – Preferred Means

$330

$400

Standard TM Application – Additional Classes – No Pick List – Preferred Means

$330

$400

Series TM Application – First Class – No Pick List – Preferred Means

$480

$550

Series TM Application – Additional Classes – No Pick List – Preferred Means

$480

$550

Renewal of registration (registration delayed for 10 or more years after filing date) – Preferred Means

$450

$400

Late renewal of registration (registration delayed for 10 or more years after filing date) – Preferred Means

$450

$400

 

Trade Mark Hearing Fees

 

Request for a hearing under regulation 5.17, 6.9, 9.17, 9.20, 17A.34M, 17A.48S, 17A.48V or 21.20E

$600

Replaced by new Item

Request for an oral hearing in relation to any other matter

$400

Replaced by new Item

Attendance at an oral hearing under regulation 5.17, 6.9, 9.17, 9.20, 17A.34M, 17A.48S, 17A.48V or 21.20E  

$600 for each day, or part of a day, less any amount paid under item 14in relation to the hearing

Replaced by new Item

Attendance at an oral hearing to which item 16 does not apply  

$400 less any amount paid under item 15 in relation to the hearing

Replaced by new Item

Filing a request for a hearing

New Item

$400

Appearing and being heard at an oral hearing in person:
(a) for the first day
(b) if the hearing runs for more than a day

New Item

$800 less any amount paid to request the hearing;
$800 for each day, or part of a day, after the first day

 

Appearing and being heard at an oral hearing in by means other than in person:
(a) for the first day
(b) if the hearing runs for more than a day

New Item

$600 less any amount paid to request the hearing
$600 for each day, or part of a day, after the first day

Being heard on the basis of written submissions only

New Item

$400 less any amount paid to request the hearing

Decision with reasons issued in accordance with section 55, section 101, regulation 17A.34N or 17A.48D

New Item

$400 less any amount paid to request, attend or file submissions in relation to the hearing

 

Expedited Post Option for Document Requests

 

Expedited post option for urgent document requests

New Fee

$20

 

This article was written by Kasumi Champion, Trade Mark Assistant to Principal, Sean McManis at Shelston IP