Note: See regulation 21.21.
The following table sets out fees that are payable in relation to matters specified in the table.
Item | Matter | Fee |
1 |
Filing an application to register a trade mark under subsection 27(5) or 45(1) of the Act in respect of goods or services in one or more of the classes provided for by subregulation 3.1(1) (not including submission of an AFS request as an application as mentioned in paragraph 3A.5(1)(b) of these Regulations): |
|
| (a) by preferred means: |
|
| (i) if the goods or services are specified in the application by using the official goods and services pick list; | $250 for each class |
| (ii) otherwise; | $400 for each class |
| (b) by another means | $450 for each class |
2 | Filing an application to register 2 or more trade marks, in respect of goods or services in one or more of the classes provided for by subregulation 3.1(1), as a series under section 51 of the Act: |
|
| (a) by preferred means: |
|
| (i) if the goods or services are specified in the application by using the official goods and services pick list; | $400 for each class |
|
(ii) otherwise; | $550 for each class |
| (b) by another means | $600 for each class |
4 | Requesting an amendment under section 64, 65 or 65A of the Act to include an additional prescribed class of goods or services in an application: |
|
| (a) application under section 51 for a series of trade marks; | $600 for each class |
| (b) any other case | $450 for each class |
5 | Filing an application for an extension of a period under subregulation 4.12(3) or regulation 17A.20
| $100 for each month or part of a month for which the extension is sought |
5A | Filing an application under subsection 224(2) of the Act: |
|
| (a) for an extension of time on a ground specified in paragraph 224(2)(a) of the Act; or | $100 for each month or part of a month for which the extension is sought |
| (b) for an extension of time on a ground specified in paragraph 224(2)(b) of the Act | $100 |
5B | Filing an application under subsection 224(3) of the Act for an extension of time on a ground specified in paragraph 224(3)(b) of the Act | $100 for each month or part of a month for which the extension is sought |
6 | Filing an application for an extension under regulation 5.9, 5.13A, 5.15, 9.11, 9.15A, 9.18, 17A.34C, 17A.34HA, 17A.34K, 17A.48L, 17A.48QA or 17A.48T | $150 for each month or part of a month for which the extension is sought |
7 |
Filing a notice of intention to oppose the registration of a trade mark, as mentioned in regulation 5.6 | $250 |
8 | Filing a notice of opposition to the granting of a request for the amendment of an application for registration of a trade mark, as mentioned in regulation 6.6 | $250 |
9 | Filing a notice of opposition to the granting of a request for an amendment in relation to a registered trade mark, as mentioned in regulation 8.4 | $250 |
9A | Filing a notice of intention to oppose an extension of protection in Australia to a trade mark that is the subject of an IRDA, as mentioned in regulation 17A.33 | $250 |
9B | Filing a notice of opposition to an extension of time for more than 3 months, as mentioned in regulation 21.20B | $250 |
10 | Renewal of a single registration of a trade mark under section 75 of the Act in respect of goods or services in 1 or more of the prescribed classes: |
|
|
(a) fee paid by preferred means; | $400 for each class |
| (b) fee paid by another means | $450 for each class |
| and, in addition, if the request for renewal is made within 6 months after the expiry date to which section 79 of the Act refers |
$100 for each month, or part of a month, after the expiry date |
11 |
Each potential renewal period requested by a person under section 80D of the Act in respect of goods or services in one or more of the prescribed classes: |
|
| (a) fee paid by preferred means; | $400 for each class |
| (b) fee paid by another means | $450 for each class |
12 | Each potential renewal period requested by a person under paragraph 80G(1)(b) of the Act in respect of goods and services in one or more of the prescribed classes: |
|
| (a) fee paid by preferred means; | $400 for each class |
| (b) fee paid by another means; | $450 for each class |
| and, in addition, if the request for renewal is made within 10 months after the end of the prescribed period, regardless of the number of potential renewal periods requested | $100 for each month, or part of a month, after the end of the prescribed period |
13 | Filing an application for removal of a trade mark from the Register for non-use under section 92 of the Act | $250 |
13A | Filing an application for cessation of protection for non-use under Subdivision D of Division 5 of Part 17A | $250 |
14 | Filing a request for a hearing | $400 |
15 | Being heard by the Registrar: |
|
| (a) if the hearing is in person; | The sum of: (a) $800, less any amount paid under item 14 in relation to the hearing; and (b) $800 for each day, or part of a day, (if any) of the hearing other than the first day |
| (b) if the hearing is not in person, but is by some means other than written submissions; | The sum of: (a) $600, less any amount paid under item 14 in relation to the hearing; and (b) $600 for each day, or part of a day, (if any) of the hearing other than the first day |
| (c) if the hearing is by means of written submissions only | $400, less any amount paid under item 14 in relation to the hearing |
16 | The Registrar making a decision in proceedings before the Registrar, if no party to the proceedings has: (a) filed a request for a hearing; or (b) been heard by the Registrar | $400 |
21 | Request for not more than 3 documents relating to a single trade mark application, a single trade mark registration or a single AFS request | $50 for each document |
22 | Request for 4 or more documents relating to a single trade mark application, a single trade mark registration or a single AFS request | $200 for each request |
23 | If a request is made for documents as mentioned in item 21 or 22--request that the documents be supplied by means of expedited dispatch | $20 for each request for documents |
25 | Applying for admission to sit for an examination conducted by the Board | $400 |
26 | Applying for a grant of a supplementary examination conducted by the Board | $200 |
27 | A report of reasons for failure of an examination conducted by the Board | $200 |
28 | Applying for registration as a trade marks attorney | $250 |
29 | Annual registration of a trade marks attorney | $400 |
30 | Annual registration fee payable for combined registration as a trade marks attorney and patent attorney | $600 |
31 | Applying to be restored to the Register, as authorised by regulation 20.14 | $300 |
32 |
Submitting an AFS request under regulation 3A.3 Note: After: (a) an AFS request has been submitted under regulation 3A.3 and the fee specified in this item has been paid; and (b) the AFS request has been assessed under regulation 3A.4; the AFS request may be submitted under paragraph 3A.5(1)(b) as an application for registration under Part 4 of the Act, by payment of the fee specified in item 35 of this table. | $200 for each class of goods or services to which the AFS request relates |
33 | Amending an AFS request under subregulation 3A.3(5) for the purpose of adding one or more classes of goods or services | $200 for each additional class |
34 | Amending an AFS request under regulation 3A.5: |
|
|
(a) if the amendment is for the purpose of adding one or more classes of goods or services and paragraph (c) does not apply; | $200 for each additional class |
| (b) if the amendment is to significantly change the graphical representation of the trade mark and paragraph (c) does not apply; | $150 for each class of goods or services to which the AFS request relates |
| (c) if the amendment is both: (i) for the purpose of adding one or more classes of goods or services; and (ii) to significantly change the graphical representation of the trade mark | The sum of (a) $200 for each additional class; and (b) $150 for each class of goods or services to which the AFS request relates, other than the additional classes |
35 | Submitting, as mentioned in paragraph 3A.5(1)(b), an AFS request as an application for registration of a trade mark in respect of goods or services in one or more of the classes provided for by subregulation 3.1(1) | $130 for each class |
36 | Applying for registration as an incorporated trade marks attorney | $350 |
37 |
Annual registration of an incorporated trade marks attorney | $400 |
38 | Annual registration fee payable for combined registration as an incorporated trade marks attorney and an incorporated patent attorney | $600 |
39 |
Applying to be restored to the Register of Trade Marks Attorneys, as authorised by regulation 20A.22 | $300 |