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Required evidence
If you've received or filed a notice of opposition or objection to an IP right, you can submit evidence to support your case.
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Trade marks
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Patents
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Design rights
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Plant breeder's rights
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Trade marks
You'll need to pay a fee to file an opposition against a new trade mark application, amendments to a new application, and an extension of time request. If you proceed to an opposition hearing, there are additional fees involved.
Opposition fees
Opposing registration/amendment/extension of time costs a minimum of $250. There is no fee for filing a notice of intention to oppose an application for removal of a trade mark.
| Action | Fee |
| File a notice of intention to oppose registration | $250 |
| File a notice of opposition to an amendment that has been advertised for opposition | $250 |
| File a notice of opposition to an extension of time that has been advertised for opposition | $250 |
| File a statement of grounds and particulars nominating more than 3 grounds of opposition and/or more than 10 trade marks (under the s 44 ground) | $250 per extra ground/trade mark |
Removal of a trade mark fees
Requesting the removal of a trade mark costs a minimum of $350.
| Action | Fee |
| Apply for removal/cessation of a trade mark for non-use | $350 |
Request an extension of time fees
You can request an extension of time during the opposition process. It costs a minimum of $150.
| Action | Fee |
| Apply for an extension of time to file a notice of intention to oppose registration of a trade mark | $150 per month |
| Apply for an extension of time to file a notice of intention to oppose removal of a trade mark | $150 per month |
| Apply for an extension of time to file a statement of grounds and particulars | $150 per month |
| Apply for an extension of time to file a notice of intention to defend | $150 per month |
| Apply for an extension of time to file evidence in an opposition to registration of a trade mark | $150 per month |
| Apply for an extension of time to file evidence in an opposition to removal of a trade mark | $150 per month |
Late evidence fee
It may be possible for late-filed evidence to be considered without obtaining an extension of time, but this is not guaranteed. The party requesting this must make a compelling case for the evidence to be considered.
Filing evidence in an opposition after the due date (after the evidence stage has ended) requires an application for consideration and costs a minimum of $500.
| Action | Fee |
| Filing late evidence | $500 |
Hearing fees
Obtaining a decision on an opposition costs a minimum of $400.
| Action | Fee |
| Oral hearing | First day: $700 Following days: $700 per day |
| Hearing by written submissions | $500 |
| Request a decision without a hearing | $400 |
Patents
You'll need to pay a fee to file an opposition against a new patent application and request re-examination of a granted patent. Opposition hearings involve additional fees.
Opposition fees
On 1 October 2024, several fees for opposition matters increased. Fees marked with an asterisk (*) apply to matters that commenced on or after 1 October 2024. For matters that began prior to this date, the previous fees remain applicable, which are set at 50% of the new fees.
An opposition costs a minimum of $1200.
| Action | Fee |
| File a notice of opposition | $1200 |
Request an extension of time fees
Under some circumstances, you can request an extension of time to submit your information. The fee depends on the nature of the extension.
| Action | Fee |
| Request an extension of time to file an opposition | $100 per month or part thereof |
| Request an extension of time to file a notice of grounds and particulars | $100 per month or part thereof |
| Request an extension of time to file evidence in a substantive opposition | $500 per month or part thereof |
Re-examination of a patent fees
Re-examination of a granted patent costs a minimum of $800.
| Action | Fee |
| Request re-examination of a patent | $800 |
Opposition hearing fees
An opposition hearing costs a minimum of $1200.
| Action | Fee |
| *Oral hearing in person | $2,000 per day |
| *Hearing by written submissions | $1200 |
If you've already paid the $1200 for a written submission and then proceed to an oral hearing, you'll only need to pay an additional $800 for the first day of an oral hearing.
Design rights
You'll need to pay a fee to request examination of a registered design right or re-examination of a certified design right, and to oppose an extension of time.
If a hearing is required, you'll need to pay additional fees.
Third party examination/re-examination fees
The examination or re-examination of a design costs a minimum of $210. Both the applicant and the opponent are each required to pay a fee.
| Action | Fee |
| Third party fee | $210 |
| Registered owner fee | $210 |
Extensions of time fees
Opposition to an extension of time costs a minimum of $550.
| Action | Fee |
| Opposition to extension of time | $550 |
Dispute hearing fees
A dispute hearing costs a minimum of $600.
| Action | Fee |
| Initial hearing request | $600 |
| Hearing appearance | $600 per day |
Plant breeder's rights
You'll need to pay a fee to object to a new plant breeder's right application.
Objection fees
An objection costs a minimum of $100.
| Action | Fee |
| Lodge an objection | $100 |
Other costs
If you have an attorney acting on your behalf, you may be liable for additional legal fees. If your opposition is unsuccessful, you may also be required to pay the other party's costs.
On 1 October 2024, the base scale of costs awardable against an unsuccessful party in an opposition proceeding increased, see Schedule 8 of the Patent Regulations. This increase applies to proceedings that commence on or after that date.
For proceedings commenced before this date, the previous base scale of costs will apply, which is approximately 50% of the new scale.
