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IP Australia announces Fee Changes from 1 October 2020

7 August 2020 Last Updated: 26 August 2020

IP Australia has announced a fee increase and restructure commencing from 1 October 2020.

The changes have been proposed for some time as part of IP Australia's periodic cost recovery review. The last significant review of fees for IP right filings occurred in the 2015-16 financial year.

New Trade Mark Application Fees to Increase

A significant change affects new trade mark applications that do not use IP Australia's "Picklist" of goods and services.

The Picklist is a collection of pre-approved goods and services provided by IP Australia primarily to assist first-time and non-professional applicants.

The incoming changes will impact new applications filed from 1 October 2020.

Under the new fee structure, filing fees for new non-picklist applications are set to increase to:

  • $400 per class for a standard trade mark application (up from $330 per class - an increase of 21%);
  • $550 per class for a series trade mark application (up from $480 per class - an increase of 14.5%).

Note: The above fees are based on an application filed using IP Australia's "preferred" filing method - the online eServices platform. Applications filed using other methods attract higher fees. IP Australia fees are also GST exempt.

The increased filing fees do not apply to applications lodged using the Headstart Request service or trade mark applications filed using the Picklist.

Other Trade Mark Fee Changes

Additional changes to the trade mark fee structure concern trade mark hearings. Typically, these involve trade mark applications where an opposition or non-use removal action has been lodged against the trade mark.

The fee to request a hearing previously varied depending on the type of hearing.

However, these will now be replaced with a single $400 Request for Hearing Fee for all hearing types.

IP Australia is also introducing "per day" fees for attendance at hearings in place of the previous flat-fee. These are to be set at:

  • $800 per day for in-person hearings*
  • $600 per day for hearings attended by other means (such as conference call or video link);
  • $400 for hearings conducted only on the basis of written submissions.

(*in-person hearings are not currently available due to covid-19 measures.)

The daily Hearing Fee is to be offset by the initial Request for Hearing Fee.

Changes to Opposition Costs Postponed

Early drafts of the fee review had proposed significant changes to the amounts prescribed for awards of costs in opposition and non-use removal proceedings.

However, according to IP Australia, these changes have been postponed following stakeholder feedback and will be subject to further consultation.

Further Information

For further information about trade mark fees, or to enquire about applying for trade mark protection, please contact us.

You can also read the full IP Australia announcement and list of updated fee changes for full details about changes to fees for trade marks and other IP rights.

This post is intended for general information only and is not intended to constitute legal advice. You should obtain appropriate professional advice for your circumstances or contact us for further assistance.

Photo: Joshua Hoene / Unsplash

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