IP Australia – Fee Changes for Trade Marks

IP Australia is moving ahead with changes to the official fees for certain IP Rights. These changes are proposed to take effect from 10 October 2016 and the changes to Madrid import applications will take effect from 28 October 2016.

Full details of the changes can be seen on IP Australia’s website.  As for trade marks, below is a summary of the most significant changes to IP Australia’s fee structure.

Trade Mark Registration

Under the new fee structure applicants will pay a fee when they submit a trade mark application only. Separate registration fees of $300 per class (usually payable on expiry of the opposition period) will no longer be payable. Importantly, any trade mark filed before 10 October 2016 will still attract the registration fee of $300 per class.

Trade Mark Applications

With the removal of the registration fee, the filing fees have increased as follows:

Description Current fee New Fee
Trade Mark Headstart Application per class $200 $330
Trade Mark Application (with IP Australia’s pick-list) per class $120 $250
Trade Mark Application (without IP Australia’s pick-list) per class $200 $330
Trade Mark Series Application (with IP Australia’s pick-list) per class $270 $400
Trade Mark Series Application (without IP Australia’s pick-list) per class $350 $480
Madrid import application – per class* $420 $350

 

Trade Mark Renewals

Australian registrations can be renewed within 12 months of the renewal deadline date and International Registrations Designating Australia can be renewed within 6 months of their expiry.

In light of the increase in renewal fees as outlined below, for renewals due after 10 October 2016, we recommend bringing forward payment of the renewal fee so as to take advantage of the current lower fee.

Description Current fee New Fee
Trade Mark renewal per class (online service) $300 $400
Madrid import renewal per class* $300 $400

 

# The Madrid import application and renewal fees relate to overseas owners using the International Registration system to designate Australia and will apply from 28 October 2016. These changes will mean that national and international customers will be charged the same amount.

If you have any questions concerning the changes to IP Australia’s fee system, please contact us.

 

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