What To Do If Your Trade Mark Is About To Expire

In Short

• Trade mark registration lasts 10 years in Australia; track the expiry date and consider renewal well in advance.
• Renewal can be done up to 12 months before expiry and requires a fee of $400 per class.
• If you miss the deadline, there’s a 6-month grace period with a late fee, but your protection lapses in the meantime.

Tips for Businesses
Stay proactive by monitoring your trade mark’s expiry date and assessing whether renewal is right for your business. Renew early, and take the opportunity to audit how you’re using your trade mark. If your business focus has changed, adjust your registration accordingly. Consider consulting a trade mark lawyer to ensure a smooth process.

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Table of Contents

• 1. Monitor and Be Aware of Your Trade Mark’s Expiry Date
• 2. Decide Whether to Renew
• 3. Initiate the Renewal Process
• 4. Pay the Renewal Fee
• 5. Consider Which Classes You Would Like to Renew
• 6. What to Do if You Have Missed the Renewal Period and the Expiry Date Has Passed
• 7. Audit Your Trade Mark Use
• 8. Update Your Contact Information
• 9. Seek Professional Assistance 
• Key Takeaways
• Frequently Asked Questions

Your trade mark represents a valuable asset for your business, distinguishing your goods or services from competitors. In Australia, trade mark registration lasts for 10 years. As this period nears its end, you must take action to maintain your rights. This article outlines the steps to follow when your trade mark expires in Australia.

1. Monitor and Be Aware of Your Trade Mark’s Expiry Date

First and foremost, keep track of your trade mark’s expiry date. IP Australia is the government body responsible for administering intellectual property rights. They will send a reminder approximately 12 months before the expiry date. However, you should not rely solely on this notice. Maintain your records and set reminders well in advance.

2. Decide Whether to Renew

Consider whether renewing your trade mark aligns with your business strategy. Evaluate the mark’s continued relevance to your products or services. If you no longer use the trade mark or plan to rebrand, you may choose not to renew. However, if the mark remains valuable, proceed with renewal.

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3. Initiate the Renewal Process

You can renew your trade mark up to 12 months before its expiry date. Do not wait until the last minute, which may risk your protection lapsing. IP Australia allows online renewal through the online services portal on its website, making the process straightforward and efficient. Renewal should be effective immediately. 

4. Pay the Renewal Fee

To renew your trade mark, you must pay the fee set by IP Australia. As of 2024, the fee for online renewal stands at $400 per class. If you are renewing multiple classes, you must pay for each per registration. Fees are often updated over time, so always check the current rates on the IP Australia website.

5. Consider Which Classes You Would Like to Renew

If your trade mark covers multiple classes of goods or services, you can renew all or only some of these classes. Assess which classes remain relevant to your business activities and renew accordingly. This approach can help manage costs if your business focus has shifted since the initial registration.

6. What to Do if You Have Missed the Renewal Period and the Expiry Date Has Passed

If you miss the renewal deadline, do not panic. Australia offers a six-month grace period after the expiry date. During this time, you can still renew your trade mark by paying an additional late fee of $100 per month if you are past the expiry date. However, your trade mark remains vulnerable during this period, so act quickly to reinstate protection.

7. Audit Your Trade Mark Use

Use the renewal process as an opportunity to audit your trade mark usage. Ensure you use the mark as registered across all the goods and services covered. If your usage has changed, consider whether you must file a new application to cover additional classes and goods/services, or update your existing registration.

8. Update Your Contact Information

Ensure IP Australia has your current contact details. This step proves crucial for receiving important notifications about your trade mark, including future renewal reminders. You can update your details through the IP Australia website or by contacting them directly.

9. Seek Professional Assistance 

While you can handle the renewal process yourself, seeking advice from a registered trade mark attorney can provide peace of mind. They can manage the renewal process, offer strategic advice on your intellectual property portfolio, and handle potential complications.

Key Takeaways

Trade mark renewal and monitoring is crucial to ensure your brand is protected. The following are key points to help you if your trade mark is due for renewal soon:

• trade mark registration in Australia lasts for 10 years;
• monitor your trade mark’s expiry date. Do not rely solely on IP Australia’s reminder;
• evaluate whether renewal aligns with your business strategy (particularly for the classes and goods/services you cover);
• renew up to 12 months before expiry via IP Australia’s online portal;
• pay the renewal fee, currently $400 per class (as of 2024);
• a six-month grace period exists after expiry, with additional late fees;
• audit your trade mark use during the renewal process; and
• keep your contact information updated with IP Australia.

If you need further assistance with your trade mark renewal, our experienced trade mark lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page. 

Frequently Asked Questions