Trade Mark Renewal in Australia
Trade mark renewal is essential to maintain your exclusive rights to your registered trade mark. In Australia, trade marks must be renewed every 10 years to keep them active and enforceable. Understanding the renewal process and deadlines is crucial for protecting your valuable brand assets.
When do trade marks need to be renewed?
Australian trade marks have a registration period of 10 years from the date of registration. After this period, you must renew your trade mark to maintain protection. The renewal process can begin up to 12 months before the expiry date.
Important renewal deadlines:
- 12 months before expiry: Earliest time to file for renewal
- Expiry date: Last day to renew without penalty
- 6 months after expiry: Grace period with additional fees
- After grace period: Trade mark registration lapses
The renewal process
Renewing your trade mark involves filing the appropriate forms with IP Australia and paying the renewal fees. The process is generally straightforward if your trade mark details remain unchanged.
Steps in the renewal process:
- Review your current trade mark registration details
- Determine which classes of goods/services to renew
- File the renewal application with IP Australia
- Pay the required renewal fees
- Receive confirmation of renewed registration
Renewal fees and costs
Trade mark renewal fees are charged per class of goods or services. The fees may vary depending on when you file the renewal application and whether you're renewing during the grace period.
Fee structure:
- Standard renewal: Filed before expiry date
- Late renewal: Filed during 6-month grace period (higher fees apply)
- Professional fees: Attorney fees for handling the renewal process
What happens if you don't renew?
If you fail to renew your trade mark before the end of the grace period, your registration will lapse. This means:
- You lose exclusive rights to use the trade mark
- Others may apply to register the same or similar marks
- You may need to file a new application to regain protection
- Priority date advantages are lost
Strategic considerations for renewal
When deciding whether to renew your trade mark, consider:
- Current use: Are you still using the trade mark in commerce?
- Future plans: Do you intend to continue using the mark?
- Market value: Does the trade mark still have commercial value?
- Class relevance: Are all registered classes still relevant to your business?
- Cost-benefit analysis: Do the renewal costs justify continued protection?
Partial renewals
You don't have to renew your trade mark for all registered classes. If your business has evolved and certain classes are no longer relevant, you can choose to renew only the classes you still need, reducing renewal costs.
Portfolio management
For businesses with multiple trade marks, effective portfolio management is essential. This includes:
- Tracking renewal dates for all registered marks
- Regular review of mark usage and commercial value
- Strategic decisions about which marks to maintain
- Budget planning for renewal costs
Professional assistance with renewals
While trade mark renewals may seem straightforward, professional assistance ensures that deadlines are met and strategic decisions are made appropriately. Our experienced trade mark attorneys can help you:
- Track renewal deadlines and send timely reminders
- Advise on strategic decisions about which marks to renew
- Handle the renewal filing process efficiently
- Manage your entire trade mark portfolio
- Ensure compliance with all legal requirements
Related trade mark services
Explore our other trade mark services to maximize the value of your intellectual property:
Get help with trade mark renewal
Don't risk losing your valuable trade mark rights due to missed renewal deadlines. Contact our trade mark team to discuss your renewal needs and develop a comprehensive strategy for maintaining your intellectual property portfolio.
