New Changes to IP Australia Trade Mark Fees

September 11, 2020

A trade mark is any sign that you use to distinguish your products and/or services from those of other people. This can be a name, slogan, logo, image, colour, shape, scent or even a sound (or a combination of these things). Most often, trade marks are names or logos. Whether you are interested in filing a trade mark, have one trade mark of have a portfolio trade marks, it’s important to stay up to date with any trade mark fee changes.

IP Australia recently announced that it is updating some of its fees. This includes:

Australian Trade Mark fees commencing from 12am AEST, 1 October 2020; and
some of Madrid Import Application fees commencing from 12am AEDT, 7 November 2020.

This article outlines the notable changes to these fees.

Payments Made by Another Means

IP Australia is increasing fees for a number of payments that are made by “another means” such as by paper and fax, rather than the using the “preferred means”, being via online electronic payment. This is to deter people from making applications by “another means”.

Key Fee Increases

A comprehensive list of all trade mark fee changes can be found here.

Increased Trade Mark Application Fees

Fee Description	Old Fee	New Fee
Standard TM Application – First Class – Another Means	$350	$450
Standard TM Application – Additional Classes – Another Means	$350	$450
Standard TM Add Prescribed Goods – First Class – Another Means	$350	$450
Standard TM Add Prescribed Goods – Additional classes – Another Means	$350	$450
Madrid Import Application – First Class*	$350	$400
Madrid Import Application – Additional Classes*	$350	$400
Standard TM Application – First Class – No Pick List – Preferred Means	$330	$400
Standard TM Application – Additional Classes – No Pick List – Preferred Means	$330	$400
Series TM Application – First Class – Another Means	$500	$600
Series TM Application – Additional Classes – Another Means	$500	$600
Series TM Add Prescribed Goods – First Class – Another Means	$500	$600
Series TM Add Prescribed Goods – Additional classes – Another Means	$500	$600
Series TM Application – First Class – No Pick List – Preferred Means	$480	$550
Series TM Application – Additional Classes – No Pick List – Preferred Means	$480	$550

Updated Trade Mark Hearing Fees

Fee Description	Old Fee	New Fee
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	$400	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 14 in 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	$400
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 in relation to requesting a 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 in relation to requesting a 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 in relation to requesting a 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 in relation to requesting a hearing

Please note: LegalVision always ensures filings and submissions are made by the “preferred means” via electronic online payment to IP Australia.

Key Takeaways

IP Australia will be updating some of their Australian Trade Mark fees commencing from 12am AEST, 1 October 2020 as well as some of their Madrid Import Application fees commencing from 12am AEDT, 7 November 2020.

In particular, while trade mark filing fees have increased across the board, IP Australia appears to be actively discouraging trade mark filings by “another means” such as by paper and fax, by increasing these filing fees by a higher rate.

You can take advantage of IP Australia’s current fees by ensuring your renewals are paid as soon as possible. If you have any questions about IP Australia’s change to their Trade Mark Fees, please contact LegalVision’s Trade Mark Attorneys on 1300 544 755 or fill out the form on this page.

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