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.
Spruson & Ferguson 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)
Madrid Import Application – First Class*
*Please note: Changes to Madrid Import Application fees are not scheduled to commence until 12am AEDT, 7 November 2020
$350
$400
Madrid Import Application – Additional Classes*
$350
$400
Standard TM Application – First Class -No Pick List – Preferred Means
$350
$400
Standard TM Application – Additional Classes – No Pick List – Preferred Means
$350
$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
$440
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
$4000
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