Australian trademark litigation fees increased

From October 1, 2024, IP Australia will adjust its trademark litigation fees. The main changes in trademark litigation fees are as follows:

• The fee for each fourth or more grounds of objection raised in the Statement of Grounds and Particulars is $250.00 (for example, the fee for three grounds of objection is $250.00 and the fee for four grounds of objection is $500.00).
• If the objection is based on a previously registered trademark, a fee of AUD 250.00 will be charged for each 11th and subsequent trademark. If the objection applicant adds an objection reason in the "Statement of Grounds and Details" and the reason is the 4th or subsequent reason, a new fee of AUD 250.00 will be paid for each reason.
• The fee for a request to cancel a trade mark registration for non-use will increase from AUD250.00 to AUD350.00.
• If a request for late submission of evidence is made during litigation, an additional fee of AUD 500.00 will be charged.
• Cancellation of the original hearing request AUD 400.00.
• The fee for hearing written submissions will increase from $400.00 to $500.00.
• The fee for attending a hearing via video will increase from $600 to $700.
• The cost of appearing in court will be reduced from $800 to $700.

At all steps of the trademark litigation process, the costs to the losing party will increase significantly. If the case is lost, the litigation costs will be about AUD 10,000, while the current trademark litigation in Australia is only about US$ 3,000. The costs will also increase further if the hearing is longer, more than one day, and there are witnesses present.

The new fee schedule for trademark litigation in Australia does not apply to existing litigation that has already occurred. The new fee schedule will come into effect on October 1, 2024.