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
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
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
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
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
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The Ugg boots case revolves around who holds the trade mark rights to the word 'Ugg' in relation to sheepskin boots.
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