Registering a trade mark is not a one-time process. In Australia, a registered trade mark
lasts for an initial period of 10 years and must be actively maintained to remain in force.
Before that period expires, the owner must pay a renewal fee to IP Australia. Once renewed,
the registration continues for a further 10 years and can be renewed again each time it falls
due.
However, the process is deceptively simple. Missing a renewal deadline can have serious
consequences.
If a trade mark is not renewed on time, it may be removed from the register. There is a six-
month grace period during which late renewal is still possible, although additional fees apply.
Once that window closes, the mark can be lost altogether. At that point, you may need to
reapply, and there is no guarantee the mark will still be available.
This creates a real commercial risk. If your registration lapses, a competitor could apply for a
similar or identical mark, or your brand could become vulnerable to challenge. For
businesses that have invested heavily in branding, marketing, and goodwill, losing a trade
mark can undermine years of work.
Renewal is also important from a strategic perspective. It is a natural checkpoint to review
whether your trade mark still reflects your business activities. For example, you may have
expanded into new goods or services that are not covered by your existing registration.
Renewal is a good time to consider whether additional applications are needed.
It is also worth remembering that renewal does not protect you from non-use issues. Even a
renewed trade mark can be challenged and removed if it has not been used for a continuous
period of three years. Renewal keeps the registration alive, but it does not replace the need
for genuine use.
Diarise your renewal dates and treat them seriously. Better still, engage a trade mark expert
to manage your trade mark portfolio so that you can concentrate on running your business.
Trade mark protection is one of the most valuable assets a business can hold, but only if it is
properly maintained.
