How long does a trade mark registration last?

A trade mark registration in Australia lasts for 10 years. The good news is that you can renew it indefinitely, so as long as you keep renewing, your registration can last forever.

Here's what you need to know about how long your registration lasts, how renewal works, and what happens if you don't renew.

10 years from the filing date

In Australia, a trade mark registration lasts for 10 years from the date of application - that is, the filing date, not the date the mark is actually entered on the register.

This is an important distinction. The examination and registration process can take several months (or longer if there are objections or oppositions), but the 10-year clock starts ticking from the day you file.

Renewing your registration

You can renew your trade mark registration for further 10-year periods, indefinitely. There is no limit to the number of times you can renew.

The renewal fee can be paid up to 12 months before the expiry date. IP Australia will typically send a reminder before the renewal is due, but it's your responsibility to make sure the fee is paid on time.

What happens if you don't renew?

If the renewal fee is not paid by the expiry date, the registration will lapse. Once lapsed, you lose the exclusive rights that come with registration, and another trader could apply to register the same or a similar mark.

There is a grace period after expiry during which you can still renew by paying the renewal fee plus a late fee. However, you should not rely on this. It's far better to pay the fee on time and avoid any gap in your protection.

Set a reminder

It sounds simple, but the most practical thing you can do is set a reminder well before the expiry date - ideally at least six months out. This gives you plenty of time to arrange payment and avoid any last-minute issues.

Keep in mind that if your contact details change during the 10-year registration period, you may not receive IP Australia's reminders. If you file your trade mark through Markster or appoint us as your trade mark lawyers, we'll send you renewal reminders ahead of your expiry dates so nothing slips through the cracks.

Use it or lose it

Even if your registration is current and renewed, it can still be removed from the register if you haven't been using it.

Under Australian trade mark law, a third party can apply to have your registration cancelled if the mark has not been used for a continuous period of three years. This is known as a non-use removal action.

The takeaway: registration alone is not enough. You need to actually use your trade mark on the goods or services it's registered for. If your business changes direction and you stop using the mark, your registration could be vulnerable.

For more on the registration process, see our trade mark registration guide for Australia.

How long do trade mark registrations last in other countries?

If you've registered your trade mark overseas (or are considering it), it's worth knowing that renewal periods vary by jurisdiction.

• New Zealand: 10 years from the filing date, renewable for further 10-year periods.
• United Kingdom: 10 years from the filing date, renewable for further 10-year periods.
• European Union: 10 years from the filing date, renewable for further 10-year periods.
• United States: This is the outlier. US trade mark registrations require ongoing proof of use. You must file a declaration of use between the 5th and 6th year after registration, and then renew every 10 years - with proof of use each time. If you don't file the required declarations, your registration will be cancelled.

The US system is notably more demanding than most other jurisdictions. If you hold a US registration, it's important to be aware of these ongoing obligations.

For more on the Australian registration process, see our guide on understanding the Australian trade mark registration process.

Frequently asked questions

Can I renew my trade mark registration early?

Yes. You can pay the renewal fee up to 12 months before the expiry date. There's no penalty for renewing early.

What does it cost to renew a trade mark in Australia?

The renewal fee is set by IP Australia and depends on the number of classes in your registration. You can check the current fees on the IP Australia website.

Does my trade mark registration protect me overseas?

No. A trade mark registration in Australia only gives you rights in Australia. If you want protection in other countries, you'll need to file separate applications in each jurisdiction (or use an international filing system like the Madrid Protocol). Each registration will have its own renewal requirements.

Need help?

If your trade mark registration is coming up for renewal, or if you're unsure about the status of your registrations, contact us and we can help.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.