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October 17, 2016 at 6:19 am #995524Up::0
Hi All,
I know there are quite a few threads around FS that discuss trademark costs. I am posting this to ‘replace’ those! On 10 October 2016 IP Australia implemented a new fee regime so any earlier discussion on costs is now out of date.
Prior to 10 Oct applicants would pay fees essentially at two stages:
1. Filing an application (per class)
2. Registration – once approved – in around 7 – 8 months (per class)Some people may also file via the Headstart service for an additional fee.
Everything filed 10th October or later will no longer have a “step 2” fee payable in 7-8 months time. However, the intial fee to file the application (either a standard application or via the Headstart service) will have a higher fee, to help offset the removal of the second fee.So, registration once all tests are passed is automatic now rather than requiring a further fee in order to finalise the protection.
10 yearly renewal fees have also increased.
Overall, trademark applicants will save money under the new structure – assuming they have a nice smooth case. (Minimum cost was $420 to register a trademark, now minimum will be $250.00).
There are a couple of things, in my view, to watch out for with the changes:
– You will now be out of pocket a higher amount when things don’t go smoothly so you want to be as sure as possible before applying that your proposed trademark can be accepted for registration;
– Trademarks become vulnerable (after a period of time) if not used by the owner. Under the old regime, as the “step 2” fee was needed to finalise the process applicants had the opportunity not to pay if they didn’t need that trademark and didn’t intend to use it any more – however, as registration will now be automatic once the process completes, this may leave some applicants with registrations that they don’t actually need (but, thought they did/would when filing) – remembering it is a minimum 7.5 months from the time you file to the time registration completes. So, this could leave more people vulnerable to the removal process down the track.
Long story short – if you’re reading a thread about fees that was around before 10th October 2016, those fees are no longer applicable
October 18, 2016 at 7:10 am #1202387 -
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