The New Fee Structure for Australian Trademarks

Oct 6, 2016
Reading Time: 2 minutes
Written by Tiana Podinic

After an extensive review of its fee structure this year, IP Australia revealed a revised fee structure that is proposed to take effect from 12:00am on Monday 10 October 2016. All business owners should be across these changes to take advantage of the $0 registration fee for trademarks.

However, just because it’s free doesn’t mean that it isn’t a time-consuming and complicated process. Our trademark guide can give you an idea of what’s required. If you are still unsure, LawPath can connect you with a trademark attorney to help you save time and the confusion.

What are the changes?

After IP Australia’s review, there were changes put in place affecting trademarks, patents, designs and plant breeder’s rights. However, the most significant changes are those regarding the registration of a trademark.

Currently, the fee for registering a trademark is $300. Any applicant who submits a trademark application prior to 10 October 2016 will still be required to pay the $300 fee even if the trademark becomes officially registered after this date.

Under the new fee structure, there is no trademark registration fee. However, applicants will still need to pay a fee for the initial trademark application. Once this application is assessed by IP Australia and following no opposition being filed, the trademark will be automatically registered. Upon registration, the $300 fee will no longer apply and instead will be free of charge.

Applicants should be aware that in order to offset the removal of the $300 registration fee, other fees relating to trademarks have increased. The majority of trademark application fees will increase by $130 per class in an effort to offset the fee removal.

Due to the increase in the application fee per class it is now as important as ever for business owners to ensure that they are applying to register their trademark in the correct class. LawPath can connect your with a number of IP lawyers who can help you navigate the 45 different trademark classes that IP Australia has to offer.

Despite this some increases, the changes reduce the overall up-front cost to register a trademark. This process is also simplified which means that there is one less point of interaction with IP Australia.

International significance

This change harmonises Australia’s trademark requirements with the rest of the world too. Removing the registration fee brings IP Australia into line with other international IP Offices. More specifically, Australia is now aligned with 95 out of the 97 member countries of the Madrid Protocol, making it easier to protect your brand internationally.

Final recommendations

We urge that all business owners and potential business owners be aware of any changes that IP Australia bring into force. It can significantly affect not only the price you might pay for things, but also the legal requirements that must be adhered to.

With LawPath you can make sure you’re taking all the right steps by consulting with a trademark attorney who is an expert in the field.

LawPath has access to highly qualified IP attorneys that can help with your trademark. Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or any other legal needs.

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