IP Australia announces new fees for trademark registration

The Australian Intellectual Property Office has announced a new fee structure for Intellectual Property services in Australia. This change of fee structure will align Australia with other international IP Offices.

The Australian Trademarks Office new fee structure for trademark registration and associated services commences from 12am 10 October 2016.

The good news is that in most cases, the official fee to register a trademark will actually reduce.

Currently fees to register a trademark in Australia are payable at two separate stages of the process. From 10 October 2016 the official fee connected with the second stage fee for registration of a trademark will be removed. Conversely, initial application fees will increase to help offset the removal of the trademark registration fee.

The renewal fees connected with trademark registrations (due every 10 years) will also increase a little to help offset the removal of the trademark registration fee.

What do these changes to IP Australia’s fee structure mean for you?

While the initial fee to file an application will be higher, in a straightforward case no further official fee is set to apply until the renewal of a trademark in 10 years time. This aligns Australia with many other international IP Offices method of charging their intellectual property fees.

The current trademark registration system In Australia states the following. The applicant must pay a registration fee to IP Australia of $300 per class of goods and services to finalise the registration. This fee is payable after the examination of the application and when the trademark application is accepted for registration.

Assuming there are no third party oppositions during the 2-month trademark registration opposition period (or where the applicant is successful in an opposition proceeding) the trademark can then be registered on payment of this fee

As noted, at the moment, Australia charges the fees in two stages. Any application filed prior to 10 October 2016 that is subsequently approved will still be required to pay the second stage registration fee. Applications filed on 10 October 2016 or later will see the higher application fees but no official fee at ‘step 2’.

What are the pros and cons to IP Australia’s new fee structure?

Here is Quick Off the Mark®’s view of the new structure.

1. Currently a second part registration fee is only payable once your trademark has been formally accepted and is not opposed (or you have successfully defended an opposition) Therefore, the cost to an applicant that is not successful is limited to simply the initial application fee. However, under the new regime, as fees are paid ‘upfront’ an unsuccessful application will lose a higher fee.
2. A straightforward application with no objections or oppositions will ultimately save the applicant around $170.00 (per class of goods/services) in a standard and simple application. However, it does mean finding the extra costs ‘upfront’ to commence the process rather than have them split over two stages, which may be more difficult for new/small businesses to fund.

All the IP Australia fees currently in place will still apply to all trademark applications, registrations and renewals that occur prior to 12am, 10 October 2016.

Quick Off the Mark® professional fees will not increase with these changes. Following please see the differences, based on a single trademark under a single class of goods/services

Other services will be affected by the changes; however, the above provides an indication as to the differences involved in a straightforward and unopposed trademark application.

IMPORTANT NOTE: 
If you have previously received a quote for registration of your trademark in Australia from our office, your quote will remain valid until 1 October 2016 – assuming instructions and payments are received by this date.

Whilst the formal change does not come into effect until 10 October 2016, as we file marks via the pre-filing assessment service it is important to allow time for these assessments ahead of the changes or the new fee regime will apply.

You can find a summary of IP Australia’s new fee structure here.

If you have any questions in relation to trademark registration, protecting your IP rights or IP Australia’s new fee structure, please contact our office here.

BIO:

Quick Off the Mark® is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.

In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.

Disclaimer – The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.