New Changes to IP Australia Trade Mark Fees
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
|
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
|
| 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
|
| 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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