How to renew your Trade Mark
An easy way of renewing your trade mark for a further ten years is through Registration. Through this process you can pay the renewal fee online within 60 seconds. The renewal is effective soon after you make your payment and the team at Registration notify you as soon as the renewal is complete.
You can pay the renewal fee 12 months before the renewal due date with Registration.
Once you pay the renewal fee, Registration 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 at TradeMarkLookup.com.au
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. 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.
To be sure that your Trade Mark renewal is performed correctly you can trust Registration.
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;
- paying the renewal fee online.
However, if you do not pay the fee on time, your Trade Mark registration will be cancelled.
Frequently Asked Questions
How long is my trade mark registered for?
Once your trade mark has been registered, it will be registered for ten years from the filing date.
What happens if I miss the deadline to renew my trade mark?
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.
Can I reinstate my trade mark if I miss my renewal date?
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.
