3 Steps to Trade Mark Renewal
Emily Young
Once you have a trade mark for your business, you will need to continue maintaining it in order to receive the benefits. One of these maintenance steps is to renew your trade mark. The trade mark renewal process occurs every ten years and includes filing a renewal application and paying the relevant renewal fees. This article will take you through three steps to trade mark renewal.
1. Receive a Renewal Request
The first step to renewing your trade mark is to receive a renewal request from IP Australia. Trade mark renewals occur every ten years and can be renewed as many times as needed. You can renew your trade mark online using IP Australia’s online services, a simple online services tool that also takes online payments.
To ensure you receive a renewal request, you will need to keep your contact details up to date with IP Australia. You can make a change of name or address request with IP Australia online. Failure to update your details means you risk not receiving updates about your trade mark renewal, which can have adverse consequences.
2. Evaluate Your Trade Mark
Before you renew your trade marks, you should consider if you need to renew all of them. Trade mark renewals can be expensive, making evaluating your trade mark use beneficial at the time of renewal. For example you may refine your goods and services over time and realise you do not need as many trade mark classes. Therefore, you may wish to reduce the number of classes under which you have registered your trade mark. This can save you from paying unnecessary expenses.
Further, you should consider that you need to use your trade mark or risk having it removed from the trade mark register. Having fewer trade marks in fewer classes can make it easier to use your trade marks.
3. Pay Renewal Fees
At the time of trade mark renewal, you will also need to pay your renewal fees. You can pay these fees online any time from 12 months before the renewal date up to 6 months beyond expiry. Currently, the trade mark renewal fee is $400 per trade mark class if paid online. If you do not wish to pay your trade mark fees online, the cost of renewal is $450 per class.
If you are late paying your trade mark renewal fees, you will need to pay additional fees. These late fees are $100 for each month your renewal fees are overdue.
Once you renew your trade mark, you will receive a notification from the trade mark registrar confirming.
Failure to Renew
If you do not renew your trade mark, it will expire. However, there is a six month period after your trade mark expiry where you can restore your rights. By paying the relevant renewal and extension fees, you will restore your trade mark rights. However, you will lose your rights to your trade mark before you renew it. This means that if someone infringes upon your trade mark during this time, you will not be able to sue for infringement.
However, if your trade mark expires and you do not restore your rights within six months, IP Australia will remove your trade mark from the register. If you wish to reaccess your rights, you will need to make a new trade mark application.
Key Takeaways
If you want to maintain your trade mark, you will need to renew it. Otherwise, your trade mark will expire. The three key steps to renewing your trade mark include:
- keeping your details up to date to ensure you receive a renewal notice;
- evaluating your trade mark; and
- paying renewal fees.
The trade mark renewal process can be tricky, so our experienced trade mark lawyers can help on 1300 657 423 if you require any assistance with it.
Frequently Asked Questions
If you do not renew your trade mark, it will expire. You will have six months after its expiry to renew it. Otherwise, IP Australia will remove your trade mark from the register, and you will lose all rights to your trade mark. If you wished to restore your rights, you would need to make a new trade mark application.
When your trade mark is to be renewed every ten years, you will receive a notice to renew. This means it is important to keep your contact details up to date with IP Australia. In addition, you will need to submit the renewal application, which is a simple online process, before paying the relevant trade mark renewal fees.