IP Australia Fee Changes for Trade Marks

 

4 October 2016
Posted by Bree Coker and Tony  Grujovski

IP Australia Fee Changes for Trade Marks 

From 10 October 2016, the government fees applicable for trade mark applications, registrations and renewals in Australia will change. The change will bring Australia into line with the pricing structure of most other international countries.

What does this mean?

The trade mark application process will become more streamlined by simplifying the cost structure.  While the initial cost of filing a trade mark application will increase, the overall cost to obtain a registered trade mark will actually be reduced.

Application fees

Trade mark application fees will increase from $120 per class to $250 per class (no GST payable).

Registration fees

Currently, trade mark applicants must pay $300 per class to obtain registration of their trade mark once the third party opposition period had lapsed.  Under the new fee structure, no registration fees will be payable. Instead, once the third party opposition period lapses, the trade mark application will be automatically registered and become enforceable.

Renewal fees

Trade mark renewal fees (payable every 10 years from date of application) will increase from $300 per class to $400 per class (no GST payable).

Advantages

– Overall cost to register a trade mark is reduced.

– Trade mark application will be automatically registered once the third party opposition period lapses, instead of needing to take the further administrative step of paying registration fees.

Disadvantages

– Higher upfront cost (at time of filing application).

– If a trade mark application is lodged and not successfully registered, the cost of a failed application will be higher than under the current fee system (meaning it will be more important to have a lawyer perform availability searches before filing).

For applications filed prior to 10 October 2016, and subsequently registered after this date, the current fee system will apply.

For any enquiries about the new fees, the application process or about trade marks generally, please contact Tony Grujovski on (03) 9521 2128 or email trademarks@studiolegal.com.au

DISCLAIMER

The information in this article is of a general nature. It does not constitute formal legal advice, and should not be relied on as such. Please see the full disclaimer in our website terms. Please contact Studio Legal if you are seeking advice about a specific legal matter