Australian trade marks are valid for up to 10 years from the date of filing. As one of the most important pieces of intellectual property you can own, it’s only natural to wonder how long your trade mark protection will last. Each trade mark represents a significant investment in development, goodwill and customer recognition, but it’s not a set-and-forget process.
The good news is Australia’s trade mark system provides robust protection that allows you to prevent others from using your branding without permission. The key is understanding how the system works and managing your registration properly.
This guide explains how long trade marks last in Australia, how renewals work, and what you need to do to keep your protection in place.
A trade mark is a type of intellectual property that distinguishes your business from everyone else. It can include:
Trade marks in Australia are registered by IP Australia. Each trade mark is registered in regard to specific products and services. This grants you the exclusive right to use or licence your trade mark over those products or services. You also gain the right to take legal action against others that are using your trade mark – or a trade mark that is “deceptively similar” in relation to the same or similar products or services – without permission.
Australian trade marks only provide protection within Australia. You will need to register your trade mark separately in other countries, with each jurisdiction carrying its own application and renewal requirements.
Australian trade marks are valid for up to 10 years from the date of filing.
This 10-year period begins from the filing date, not the registration date. That distinction is important because the registration process can take several months. Your protection clock starts ticking from the day you submit your application.
Trade marks can be renewed at the end of the 10-year period, and there is no limit on the number of times a trade mark can be renewed. You can renew your trade marks up to 1 year before the expiry date. If you miss the expiry date, your IP can still be renewed within the 6-month grace period. Late renewals incur an additional fee of $100 for each month, or part of a month, the payment is late.
If you do not renew your trade mark, the registration will lapse, and third parties may be able to register it as their own.
Given the significant value of trade marks, most companies choose to work with IP attorneys to keep their registrations up to date. This ensures renewals are always paid on time and that the trade mark won’t be cancelled.
Yes, a trade mark can last indefinitely if it is:
Some of the world’s most recognisable brands have trade marks that are decades old. They remain protected because their owners continue to renew and actively use them. Think of a trade mark as a renewable asset. As long as you maintain it, it can continue to protect your brand for as long as your business operates.
Renewal is essential if you want your trade mark to remain valid.
When to renew
Trade mark renewal timelines in Australia are flexible, but there are clear windows:
If you do not renew within the grace period, your trade mark may be removed from the register.
How to renew
Renewals are lodged through the Australian trade marks office. The process involves:
Many businesses choose to have their attorney manage renewals to avoid missed deadlines or administrative errors.
Failing to renew can have serious consequences. Once the renewal deadline and grace period pass, the trade mark can be removed from the register. This means:
In some cases, restoration may be possible, but it is not guaranteed and can be costly. Letting a trade mark lapse can undo years of brand building. For most businesses, the cost of renewal is small compared to the value of the protection.
Many lapses happen due to avoidable errors. Some common mistakes include:
Proactive management prevents most of these issues.
Your trade marks provide up to 10 years of protection, but they can be cancelled early for a variety of reasons. A trade mark may be cancelled by request of the owner, by court order, or by application from a third party
The owner of a trade mark could choose to cancel their registration early:
Aside from voluntary cancellation, a trade mark may also be cancelled at the request of a third party if it has gone unused for a continuous period of 3 years (but no earlier than 5 years after the filing date, if the trade mark was filed before 24 February 2019).
A trade mark is considered to be unused if it isn’t actively appearing on any products, services or materials for which the trade mark is registered. Where a trade mark is being used for only some of the classes of goods for which it is registered, a third party can apply to have the registration altered.
Yes. A registered trade mark should be used in genuine commercial activity. That means selling goods and offering services under the mark or using it in advertising and marketing. Token use may not be enough, since the use needs to reflect real business activity.
If a trade mark sits unused for years, it becomes vulnerable to removal.
Protecting your trade mark is an ongoing process that could include:
A little planning goes a long way in protecting brand value.
Trade marks hold enormous value. Recognisable branding is a major component of ensuring your products and services stand out, so it’s crucial that you stay on top of your rights. When you need to make sure your IP is always up to date, Kings Patent and Trade Marks attorneys can help!
Kings is an independent firm that specialises in trade marks, patents and registered designs. Our attorneys have decades of experience, allowing us to develop effective trade marks applications for all classes of goods and services.
We provide support throughout the process and can help develop your application, register your trade mark, maintain your portfolio and protect your rights from unauthorised use. Our team has experience in all aspects of intellectual property, so you can rely on us to ensure your portfolio is always up to date.
Contact us today if you’d like to know more about trade mark renewal, or call us on 07 3088 8009 to book a consultation!
