Trade mark fee increases

IP Australia has recently announced increases in official fees for certain trade mark actions. The revised fee structure is designed to encourage use of “approved means” which are likely to be electronic and web-based transactions.

Registration fees

From 1 July 2012 trade mark registration fees will increase to from $250 to $300. Shelston IP’s usual practice is to pay the registration fee after expiry of the three months opposition period. However, please contact us as soon as possible if you would like us to bring forward payment of the registration fee on any particular case to take advantage of the lower fee, which may be paid for cases accepted prior to 1 July 2012.

Renewal fees

From 1 July 2012 trade mark renewal fees will increase as follows:

Item (per class)

Current fee

Fee from 1 July 2012

Renewal fee

Renewal fee

$300

$300

$300 (by approved means)

$350 (by other means)

Shelston IP will use its best endeavours to ensure renewal fees are paid by approved means to avoid any increase in renewal fees.

Filing fees

From 1 October 2012 trade mark filing fees will increase as follows:

Item (per class) Current fee Fee from 1 October 2012
Paper application $180 $220
Electronic application – no pick list $160 $200
Electronic application – with pick list $120 $120

Clearly, IP Australia is seeking to encourage electronic transactions with specifications selected from a pick list of approved descriptions of goods and/or services. This reduces administrative costs associated with processing of applications and classifying items.

Shelston IP currently files all trade mark applications electronically and we propose to work with clients to draft specifications using approved items from the pick list where feasible so as to reduce filing charges.

Other fee increases

The fees for requesting Hearings will also increase from 1 July 2012 and there will be a new fee for filing written submissions (where a Hearing is not requested) as follows:

Item

Current fee

Fee from 1 July 2012

Hearing request fee (Ex Parte)

$300

$400

Hearing request fee (Inter-Partes)

$500

$600

Written submission fee

nil

$100