IP Australia Announces New Official Fee Structure For Australian Trade Marks

Australian Trade Mark Applications are Getting Cheaper

Following an extensive review of its fee structure, IP Australia has announced a revised official fee structure that is proposed to take effect from 12.00 am AEDT on 10 October 2016.

One of the key changes is that a registration fee will no longer be payable for Australian trade mark applications filed on, or after, 10 October 2016.  Under the existing regime, the usual filing fees for an Australian trade mark application were AUD200 per class, with AUD300 per class payable on registration.  Under the new regime, the usual filing fee will increase to AUD330 per class, but no further official fees will be payable.

The removal of the registration fee will bring Australia in line with 95 out of the 97 current members of the Madrid Protocol, and the increase in the filing fee will partially offset the removal of the trade mark registration fee.  Similarly, IP Australia has announced that the official renewal fee for an Australian trade mark renewal will increase from AUD300 per class to AUD400 per class to help IP Australia further recoup some of these fees.

The two key takeaways from the changes announced by IP Australia are that:

  1. Australian trade mark applications are getting cheaper as the total official fees payable to register an Australian trade mark application will reduce from a usual AUD500 per class to AUD330 per class.
  2. If a registered Australian trade mark is due for renewal before 9 October 2017, you should strongly consider renewing the trade mark before the changes take effect to avoid paying an extra AUD100 per class.

If you wish to discuss the opportunities and challenges of the new IP Australia fee structure for your trade mark portfolio, please contact us so that we can advise on your specific circumstances.

By: Chris Round and Simon Casinader

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