If you’ve started a trademark oppositions recently, you’ve probably felt the ripple effects of IP Australia’s new fee structure.

These changes, which came into effect on 1 October 2024, are transforming how trade mark disputes are approached in Australia.

Whether you’re filing oppositions, responding to them, or navigating hearings, these updates are reshaping the landscape—and your strategy.

1. Fees for Adding Opposition Grounds or Trade Marks

Opponents now pay $250 for every additional opposition ground beyond the first three included in a Statement of Grounds and Particulars (SGP).

Similarly, a $250 fee applies for every prior trade mark cited beyond the first ten.

Opponents should now be more selective. Gone are the days of bloated opposition grounds or reliance on dozens of trademarks.

Cost considerations are forcing trademark owners to focus on their strongest and most relevant arguments.

2. Late Evidence Fees

Filing late evidence in opposition proceedings now incurs a $500 fee, in addition to the $150-per-month extension fee.

This change is intended to manage procedural timelines more strictly. The fee applies to late submissions of Evidence in Support, Evidence in Answer, and Evidence in Reply.

3. Hearing Fees and Non-Use Applications

Hearing Fees: A flat $700 fee now applies for oral hearings, whether in-person or online.
Written Submission Hearings: The fee has increased from $400 to $500.
Non-Use Applications: Filing to remove a trademark for non-use now costs $350 (up from $250).

These adjustments reflect the rising administrative costs associated with managing these proceedings.

The shift to a flat fee for oral hearings helps standardise costs, while the increase in non-use application fees aligns with the broader revisions across IP Australia’s fee schedule.

4. Increased Recoverable Costs

Successful parties in oppositions are now recovering $7,000 to $10,000, compared to the previous $3,000 to $5,000.

This has raised the stakes significantly. Weak or speculative oppositions now carry higher risks, and there’s greater incentive to negotiate settlements early.

How Trade Mark Owners Are Adapting

A More Strategic Approach

Since the changes took effect, trademark owners and practitioners have been adjusting their strategies in response to the new fees.

Opponents should now be more selective about which grounds of opposition they raise and which prior trademarks they cite, in order to minimise additional costs.

Additionally, the increased risk of higher costs recovery is encouraging parties to explore settlement earlier in the opposition process, rather than pursuing prolonged proceedings.

Budget Adjustments

With the rise in opposition and related fees, businesses have been reassessing their budgets for enforcement actions.

By working with trademark attorneys to prioritise the most effective grounds and trademarks, businesses can manage costs while still protecting their interests.

What Can You Do to Stay Ahead?

1. Keep Your Strategy Lean

Now more than ever, focus on quality over quantity. Carefully consider which grounds of opposition and trademarks are worth pursuing.

2. Avoid Late Evidence Fees

Tighten your timelines and meet deadlines. The increased late evidence fees are entirely avoidable with proper planning.

3. Be Settlement-Ready

Explore settlement discussions early to minimise the financial and procedural risks associated with drawn-out opposition proceedings.

The Bottom Line: A New Era for Trade Mark Oppositions

The changes introduced by IP Australia in October 2024 have fundamentally reshaped trademark opposition practice in Australia.

With costs and recoverable fees both increasing, strategy and efficiency are now the name of the game.

Trademark owners who adapt quickly and plan wisely will save time, money, and resources while navigating this new landscape.

IP Australia’s Fee Shake-Up: Impacts on Trademark Owners