{"id":6812,"date":"2021-09-13T15:24:07","date_gmt":"2021-09-13T05:24:07","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6812"},"modified":"2022-08-02T11:10:52","modified_gmt":"2022-08-02T01:10:52","slug":"search-expired-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/search-expired-trade-marks\/","title":{"rendered":"How Can I Search for Expired Trade Marks?"},"content":{"rendered":"

Protecting the brand of your business is critical to its success. One key way to protect your business\u2019 brand is by registering a trade mark for your brand\u2019s assets. Trade mark registration has a multitude of benefits, including giving you the exclusive rights to use and commercialise your trade mark. Importantly, you must stay on top of your trade mark renewal or <\/span>risk your<\/span> trade mark expiring.<\/span><\/a> To help you better understand when your trade mark will expire, this article will explain how you can search for expired trade marks.<\/span><\/p>\n

When Do Trade Marks Expire?<\/span><\/h2>\n

Trade mark registration in Australia lasts for ten years. After which, you must <\/span>renew your trade mark<\/span><\/a> with IP Australia and pay the relevant renewal fees. If you fail to renew your trade mark or pay the applicable renewal fees on time, <\/span>your trade mark will expire.<\/span><\/a>\u00a0<\/span><\/p>\n\n\n

You have six months after the trade mark renewal date to restore your trade mark rights. After this time, you must pay additional fees for the delay in renewing your registration.<\/p><\/blockquote>\n\n\n

Your trade mark will remain on the trade mark register for these six months. Unfortunately, you will not benefit from any rights you normally would have from your trade mark registration during this period.<\/span><\/p>\n

If you do not restore your trade mark rights within these six months, IP Australia will permanently remove your trade mark from the register. Unfortunately, if you want the <\/span>exclusive rights<\/span><\/a> that come from trade mark registration, you will have to start the process from scratch and make a new application.<\/span><\/p>\n

Can I Search for Expired Trade Marks?<\/span><\/h2>\n

IP Australia\u2019s trade mark search tool <\/span>ATMOSS<\/span><\/a> is a free, comprehensive search tool where you can find existing trade marks. Generally, ATMOSS is useful for conducting a trade mark search to determine if your trade mark is available for use. However, ATMOSS has a multitude of functions, including searching for expired trade marks.<\/span><\/p>\n

Indeed, ATMOSS has a search function that allows you to search by trade mark status. These statuses include:<\/span><\/p>\n

    \n
  1. all;<\/span><\/li>\n
  2. pending, registered and refused; <\/span><\/li>\n
  3. registered and pending;<\/span><\/li>\n
  4. pending;<\/span><\/li>\n
  5. registered;<\/span><\/li>\n
  6. refused;<\/span><\/li>\n
  7. removed; and<\/span><\/li>\n
  8. never registered.<\/span><\/li>\n<\/ol>\n

    When searching for expired trade marks, two of these status functions will be relevant. These are:<\/span><\/p>\n