How Can I Waive Trade Mark Registration Fees?

George Raptis

• 9 February 2023
• 16 February 2023
• 5 min read

Filing a trade mark application with IP Australia can be a costly process. However, the Registrar will only waive fees in part or in full in rare circumstances. Unfortunately, no current regulation allows the Registrar to automatically waive fees for a particular class of persons or business such as a not-for-profit charity. Instead, the Registrar may exempt specified classes of persons from paying part or whole of a fee if the Registrar is satisfied that it is reasonable in the circumstances. However, there is no clear-cut instance where you can waive trade mark registration fees. Therefore, this article will explore the costs involved in filing a trade mark application and how you might seek a refund or remission.

Trade Mark Application Fees

Trade mark registration gives you the exclusive right to use your trade mark concerning specified goods and services. To apply for trade mark registration in Australia, you must apply with IP Australia.

The cost of your online application will depend on:

• which service you use; and
• the number of classes you include in your application.

Online Services

An online application offers two different services. The TM Headstart service is a pre-assessment service. This means that an expert at IP Australia will examine your application before you formally submit it for IP Australia’s review. The examiner can point out any potential deficiencies in your application and allow you to make changes accordingly.

On the other hand, the standard filing service only includes a pre-assessment of your application after a period of time. Instead, you will receive an immediate filing date. Then, approximately five months later, IP Australia will issue an examination report outlining issues or formally accept (and eventually register) your trade mark.

Trade Mark Classes

Your trade mark applications must include the goods and services you want your trade mark to protect. Fortunately, you can use the Trade Mark Classification Search to select the desired goods and services from the classes IP Australia provide. The classification search categorises common goods and services into different classes. 

For instance, classes 1 to 34 contain goods, and classes 35 to 45 contain services.

For a standard trade mark application, a government fee of $250 will apply per class of good and service you include in your application. For example, if you include two classes, your fee should amount to $500.

On the other hand, a TM Headstart application involves a two-part fee structure. Part 1 includes the following fees: 

• $200 for a new request per class;
• $150 for a new representation per class; and
• $200 as an additional class fee per class.

Once you pay your Part 1 fee and have received an assessment result from the examiner, you can formally file your application and receive a filing date by paying the Part 2 fee. This includes a $130 fee per class.

Other Fees

You should be aware of additional fees when registering your trade mark.

Additionally, the costs associated with international trade mark registration will vary depending on how you go about registering your trade mark.

Refunds

The Registrar can refund fees in instances where you:

• become liable to pay a fee because of an error or omission on the part of trade mark officer, including a delay;
• have submitted payment with a request for something that is not possible, such as opposing a newly filed application; and
• have made an overpayment or paid the same fee twice.

In the instance of an overpayment, the Registrar should refund the overpayment automatically.

Remission or Waiving Fees

As mentioned above, the Registrar will only waive fees in part or in full in rare circumstances. Currently, no regulation allows the Registrar to automatically waive fees for a particular class of persons or businesses. Instead, the Registrar may exempt specified classes of persons from paying part or whole of a fee if the Registrar is satisfied with the instance where you can waive trade mark registration fees. If you are entitled to a remission of fees, you should contact IP Australia directly.

Key Takeaways

While there are minimal circumstances where you can waive fees for trade mark registration, it is not impossible. To waive registration fees, the Registrar must be satisfied that it is reasonable for a specific class of persons to be exempt from fees. Consequently, if you believe you are entitled to a remission of fees, you should contact IP Australia directly. 

Alternatively, if you have any other questions regarding the costs associated with trade mark registration, our experienced trade mark lawyers would be happy to assist. Call us on 1300 657 423 or complete the form on this page.

Frequently Asked Questions