Australia: Trade marks update: IP Australia announces new fees for trade mark registration

IP Australia has recently announced that there will be several changes to its fees for the intellectual property rights that it administers. These changes are to be reflected in amendments to the relevant IP regulations.

One of the most significant amendments to note is the changes to the fees payable for registration of a trade mark. The current system is that after the application has been examined and is accepted for registration, and where there are no oppositions by third parties during the 2 month opposition period or where the applicant is successful in an opposition proceeding, the applicant must then pay a registration fee to IP Australia of $300 per class of goods and services to finalise the registration.

Under the new fee system, there will no longer be any registration fee payable, and following the examination and opposition stages mentioned above, the trade mark will then be automatically registered.

However, the fees payable at the time of filing a trade mark application, and the fees payable to renew a trade mark registration at the end of the 10 year registration period, have been increased, mainly to account for the removal of the registration fees. Nevertheless, the overall upfront cost for applicants to register a trade mark (from filing through to registration) has been reduced, which reflects IP Australia's focus on innovation in enabling IP rights to be secured with lower fees payable at the outset.

The fee changes are intended to take effect from 12am AEDT on 10 October 2016.

It is important to note that the IP Australia fees currently in place will still apply to all trade mark applications, registrations and renewals that occur prior to 10 October 2016.

There are also several other fee changes to aspects of the designs, patents and plant breeder's rights registration processes.

If you require advice or assistance in relation to the registration of a trade mark or are concerned about the protection of your IP rights generally, please contact our Intellectual Property Group.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.