In October 2016 the Australian Trademark Office intends to make substantial fee changes that will affect the just about every trademark, from the registration of a trademark to management including renewals.

The 5 key elements are outlined below:

  1. Trade mark registration.

Currently the Trade Mark Regulations 1995 dictate that 2 separate fees are payable throughout the process, 1 at the time of filing and 1 at completion of examination by the trademark office, when the trademark is accepted for registration.

Under the new system only 1 fee is payable at the time of filing.

The proposed new filing fee will be higher than the current filing fee. However, the removal of the registration fee means the proposed new fee structure will result in a reduction in total fees payable.

  1. Renewal fees.

Renewal of trademark is required at 10 year intervals and can be made at any time after the 9th year anniversary of the priority date in Australia.

After the new regimes are introduced the period will stay the same, however, the renewal fees will increase.

  1. Other fee changes

A range of other fees changes will be implemented including changes to remove the fees for filing a notice to oppose protection of a trade mark and obtaining copies of documents from the trademark.

To summarise:

  1. Overall trademark applications will be subject to lower fees for the application where they are filed after the date of enactment of the amendments to the Trade Mark Regulations 1995 in October 2016.
  1. Overall trademark renewals will be more expensive when conducted after the date of enactment of the amendments to the Trade Mark Regulations 1995 in October 2016.

To be subject to the lowered fees the application will need to be filed on or after the date of enactment of the amendments to the Trade Mark Regulations 1995 later in 2016.

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