Legal Update - Upcoming Fee Changes at IP Australia

Upcoming Fee Changes at IP Australia Effective 1 October 2024 

Key Changes in Design and Trade Mark Fees 

Designs 

• Reduced Application Fees: The cost of filing design applications will be lowered by AU$50 to incentivise individuals and businesses to protect their designs. 

• Increased Examination Fees: The fees for requesting an examination of a registered design will rise slightly. A substantive examination of a design is voluntary and is pursued if the applicant intends to enforce their design right against third parties.  

• Higher Costs Awards in Proceedings: Costs, expenses, and allowances awarded during proceedings will see an increase, impacting parties involved in disputes. 

Trade Marks 

• Simplified Hearing Fees: A streamlined fee structure for trade mark hearings will be introduced. Applicants will pay a single fee based on their preferred method of hearing: 
  • AU$500 for written submissions. 
  • AU$700 per day/part day for an oral hearing (in person or remote). 
• New Fees for Statements of Grounds: 
  • AU$250 for each of the fourth and further grounds pleaded. 
  • AU$250 for the 11th and further registered trade marks nominated as being substantively identical with or deceptively similar to the opposed mark. 
• Late Filing of Evidence: A new fee of AU$500 will be introduced for the late filing of evidence in opposition proceedings. 
• Increased Removal Application Fees: The fee to apply for the removal of a trade mark from the register will increase from AU$250 to AU$350. 
• Higher Costs Awards in Proceedings: Similar to designs, the costs awarded in trade mark proceedings will increase by 50%–100%, along with increased expenses and allowances.  

For more detailed information on the fee review and to understand how these changes may impact you, visit https://www.ipaustralia.gov.au/about-us/accountability-and-reporting/fee-review-2023-24  or feel free to get in touch with our IP specialists at MoranLaw.