Renewing your Trade Mark Registration

A trade mark, once registered, remains in force for 10 years. A trade mark can be renewed in perpetuity, but must be formally renewed at the end of every 10 year period.A trade mark can be renewed indefinitely provided that the trade mark remains in use.

When can the registration be renewed?

A renewal of can be filed as early as 12 months before the renewal due date. You can still renew up to six months past the trade mark renewal deadline in Australia. However, additional fees for extension will be added to the renewal fees. Your trade mark attorney can help prevent any additional fees being incurred or lapsing of the registration by sending you timely reminders before a renewal is due.

After payment of the appropriate renewal fees, your trade mark attorney will notify you that the trade mark registration has been successfully renewed.

Consequences of non-renewal

Failure to renew a trade mark by the expiry date means that the trade mark loses any rights conferred by registration and will be considered to have lapsed. However,registration can be renewed within a six-month period after the renewal date. When this period has elapsed, the trade mark will be deleted from the Australian Trade Marks Register. Unless you can successfully get an extension of time, you may need to lodge a new application for the trade mark. Your trade mark attorney can advise you of your options should you miss a renewal deadline.

If your business has been actively building goodwill associated with the trade mark, a lapsed trade mark opens up a window for opportunistic trade mark filings by any competitors for a similar or identical trade mark in respect of the same goods and classes. Therefore, it is in your prudent to stay informed of the important dates in your trade mark's timeline and to keep your registration up to date. The trade mark attorneys at Baxter IP will be able to help you manage your trade mark registration.