Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: See regulation 2 1.21.
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 2 7(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 3 A.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 5 1 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 5 1 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 sub regulation 4 .12(3) or regulation 1 7A.20
| $100 for each month or part of a month for which the extension is sought |
5A | Filing an application under subsection 2 24(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 2 24(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 1 7A.33 | $250 |
9B | Filing a notice of opposition to an extension of time for more than 3 months, as mentioned in regulation 2 1.20B | $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 8 0D 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 8 0G(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 9 2 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 1 4 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 1 4 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 1 4 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 2 1 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 2 0.14 | $300 |
32 | Submitting an AFS request under regulation 3 A.3 Note: After: (a) an AFS request has been submitted under regulation 3 A.3 and the fee specified in this item has been paid; and (b) the AFS request has been assessed under regulation 3 A.4; the AFS request may be submitted under paragraph 3 A.5(1)(b) as an application for registration under Part 4 of the Act, by payment of the fee specified in item 3 5 of this table. | $200 for each class of goods or services to which the AFS request relates |
33 | Amending an AFS request under subregulation 3 A.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 3 A.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 3 A.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 2 0A.22 | $300 |