IP Australia is making changes to how it charges for application and registration of trade marks providing an opportunity for potential savings.

New Trade Marks

The new fee structure, set to commence on 10 October 2016, will see an overall reduction in fees for registration of a trade mark.  If you are thinking about using a new trade mark, this October might be a good time to consider making an application to register it.  The cost benefits will need to be balanced with the risks in delaying an application, if you are using, or about to use, a mark.

Although the application fees for trade marks will suffer a slight increase, it is planned that the current registration fee of $300 will be entirely abolished.  Thus, for example, a standard trade mark registration[1] will cost $330 as opposed to the present cost of $500 ($200 application fee and $300 registration fee).

Also to be abolished are all fees associated with making an opposition to a trade mark application.

These apparent savings are not without a downside.  Having a single fee payable at the time of the application means you are paying the full amount regardless of the success of your application and whether or not it in fact proceeds to registration.

Whilst the overall savings are to be welcomed the new fee structure means it is even more important to undertake proper and comprehensive searches and take care in making a trade mark application.  Having regard to any issues or conflicts that may arise will give your mark the best chance of proceeding to registration.

Renewal of Existing Trade Marks

There will be an increase of $100 in fees for trade mark renewals from 10 October 2016.  Renewing your trade mark for a further 10 year period will now cost $400.[2]  There is an obvious benefit in paying for any renewals promptly rather than incurring the higher fee after 10 October.  Since renewals are able to be paid up to 12 months in advance any marks which may become due for renewal up to 9 October 2017 could potentially reap this benefit.

  1. in one class and without using the picklist

  2. where fee payment is made via online services

This communication provides general information which is current as at the time of production. The information contained in this communication does not constitute advice and should not be relied upon as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Should you wish to discuss any matter raised in this article, or what it means for you, your business or your clients' businesses, please feel free to contact us.

For more information, please contact...

Amy Bishop

View Profile →

Related Articles

View All News
October 08, 2024 Transferring Intellectual Property in a Business Sale
Intellectual Property (IP)
October 08, 2024 The Concepts of Consent for Personal Information
Intellectual Property (IP)
June 19, 2024 When Reputation Assists in Protecting Your Brand
Intellectual Property (IP) Dispute Resolution & Insolvency
April 18, 2024 2025 Edition of Best Lawyers: Celebrating Our Leaders and a Rising Star
Firm News Corporate & Commercial Employment, Workplace Relations & Safety + 6
December 20, 2023 Is a Trade Mark License a Franchise?
Intellectual Property (IP)
December 20, 2023 Trade Mark Use/Copyright and Fair Dealing – AGL v Greenpeace
Intellectual Property (IP)
July 12, 2022 Personal and Confidential Information: Employer Obligations to Employees
Employment, Workplace Relations & Safety Intellectual Property (IP)
May 02, 2022 Privacy Week - Top Tips
Corporate & Commercial Intellectual Property (IP)
March 30, 2022 Domain Names and Cyber Security
Corporate & Commercial Intellectual Property (IP)
August 17, 2021 Music to Artists' Ears: Palmer to Pay Up Big for "Flagrant" Copyright Infringement
Intellectual Property (IP)
June 30, 2021 When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?
Corporate & Commercial Dispute Resolution & Insolvency Intellectual Property (IP)
June 30, 2021 NFT’s Explained: The Intellectual Property Implications of Licencing Digital Assets Through Blockchain
Intellectual Property (IP)
September 21, 2020 Fee Increases for Trade Marks
Intellectual Property (IP)
April 10, 2020 “Confidential” Means Confidential
Intellectual Property (IP)
April 10, 2020 Who Owns Intellectual Property? Employer or Employee
Intellectual Property (IP)
October 25, 2019 EU’s Request for Geographical Indications Protection may Affect your Products or Trade Marks
Intellectual Property (IP) International Business
September 25, 2019 Direct Marketing and Data Sharing: Shahin v BP Australia
Intellectual Property (IP)
September 25, 2019 Top Tips for Creating Your Trade Mark
Intellectual Property (IP)
September 25, 2019 Using the PPSR to Protect Your Deposit
Intellectual Property (IP)
June 21, 2019 Registration of Everything (Commonwealth) Bill
Intellectual Property (IP)