TM Headstart fees - inconsistency in fee schedule

IP Australia has recently conducted a periodic review of the fees charged for all four registrable IP rights; patents, trade marks, designs and plant breeder’s rights. During the course of this fee review we identified an inconsistency in the Schedule of Fees under the Trade Marks Regulations 1995, Schedule 9 (the Schedule). We have found that the fees for Parts 1 and 2 of the TM Headstart service (referenced in the regulations as assisted filing service) were mistakenly transposed in the Schedule.

The Schedule has now been amended to correctly reflect the fees that were the basis of the original intent and public consultation during the 2011/12 fee review.

As a consequence of the inconsistency, some customers have been inadvertently charged the incorrect fee for their TM Headstart request.

Where customers have been overcharged we are taking all reasonable steps to provide a refund of such overpayments. Customers that are affected will receive a refund over the coming weeks.

Where an undercharge has occurred IP Australia has waived any fees owed.

Please contact us on 1300 651 010 if you require any further information.