Protecting your valuable brand assets through trade mark registration is important for any business. Hence, successfully registering a trade mark is a huge achievement. However, you must remember that your trade mark is only registered for ten years. This period starts from the date you formally apply for your trade mark. When the time comes, you will need to renew your trade mark to ensure your trade mark protection and rights continue. This article provides a step-by-step guide on how to renew your trade mark.
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Update Your Details
Before renewing your trade mark, you will need to advise IP Australia of any changes to your personal details. This will include company name changes and address changes. If you do not keep your details up to date, you risk not receiving important correspondence from IP Australia.
Remove Classes if Desired
Over the years, you may find that some classes of goods or services that you originally registered under are no longer relevant to your business.
Once your trade mark has been registered, you cannot add classes to it. When filing your original application, it is good to list the classes covering all of the goods and services you want protection. However, if one of those classes is no longer relevant to your business operations, you can request to remove that class from your trade mark registration when it comes time to renew it.
If you want to remove a class from your trade mark registration, you must submit an online request at least three weeks before the renewal due date. Otherwise, you may be required to pay unnecessary fees for the unwanted class of goods or services.
Continue reading this article below the formPay the Renewal Fee
The most efficient way of renewing your trade mark for a further ten years is through IP Australia’s online services. Through this process you can pay the renewal fee online. The renewal is effective immediately.
You can pay the renewal fee 12 months before the renewal due date or up to six months after the renewal due date (the six-month grace period).
Once you pay the renewal fee, the register will confirm that your trade mark registration has been renewed. Then, they will advise of the renewal period. You can also check the status of your trade mark registration on the Australian Trade Mark Search.
What Happens If I Do Not Renew My Trade Mark on Time?
After the expiry date of your trade mark registration, you have a six-month ‘grace period’ in which you can still renew your trade mark for an additional government fee. This is the case even though your renewal date has passed. However, once the grace period lapses, your trade mark will be removed from the register, and you cannot reinstate it if you did not pay the relevant fee.
Accordingly, you will no longer have the exclusive rights to:
- use;
- license; and
- sell your trade mark.
This runs the risk of someone else using or registering your trade mark.
In this instance, you will need to submit a new application if you want to reinstate your registered trade mark after the renewal date has expired. However, this means that you will no longer have the priority date of your original filing date ten years ago. Therefore, your trade mark will be reviewed again by IP Australia. As such, any similar trade marks registered within the last ten years may be raised as a conflict.
Unsolicited Trade Mark Invoices
It is essential to be aware that your trade mark ownership details are publicly available. As a result, unscrupulous organisations may contact you about your trade mark registration or renewal.
For example, it is common for these organisations to send letters appearing to be invoices for renewing your trade mark. The only organisation you should receive correspondence from regarding your trade mark is the law firm assisting with your trade mark or IP Australia.
Key Takeaways
Renewing your trade mark every ten years is a crucial step in ensuring that your trade mark remains under protection. When the time arrives, you can renew your trade mark by:
- updating your details, including your name and address;
- removing classes from your trade mark registration if necessary; and
- paying the renewal fee online.
However, if you do not pay the fee on time, IP Australia will remove your trade mark registration from the register.
If you have any trade mark questions, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Once your trade mark has been registered, it will be registered for ten years from the filing date.
If you do not renew your trade mark registration in time (after ten years), you will have a six-month grace period. In this case, you will still be able to renew your trade mark for an additional cost. However, if you fail to renew within the grace period, your trade mark will be removed from the register, and you will lose the exclusive registered rights you had over your trade mark.
Once the six-month grace period, following your renewal expiry date, lapses, you will no longer be able to reinstate that trade mark registration. If you want to protect your trade mark, you must lodge a separate new application.
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