Renewal Requirements | Trade Marks | Australia


Types of Trade Mark Registrations

In Australia we have the following types of trade mark registrations:

– National Registration | Renewal Requirements |

– An International Registration Designating Australia under the Madrid Protocol | Renewal Requirements |


National Trade Mark Registration ▪ 10 Year Renewable Registration Terms

Initial Registration Term

When the trademark is first registered It is registered for an initial 10 year term commencing from the original filing date.


In the case of a trademark registration resulting from a divisional trademark application the initial 10 year term commences from the filing date of the parent application and not the divisional application.


Renewal Term

A trademark registration can be renewed for further 10 year terms at any time during the last 12 months of the current applicable term of registration.


There is no limit to the number of times a registration may be renewed.


Late Renewal and Risks

Renewal fees can be paid up to a maximum of 6 months after they fall due (the renewal grace period)  but must be accompanied by an additional monthly late fee for each month, or part of a month after the due date. The monthly late fee is also contingent on the number of classes in the trademark registration.


Please note there is a risk associated with late renewals and it is recommended that renewals are paid good time before they fall due.


International Registration Designating Australia

Initial Registration Term

Under the Madrid System, renewal of international registrations is due ten years from the registration date as recorded by the International Bureau.  


All designated countries on an international registration will have the same date of renewal being the date of the first instance of filing. The renewal date will not change for subsequently designated countries.


Renewal Term

A trademark registration can be renewed for further 10 year terms at any time during the last 6 months of the current applicable term of registration.


There is no limit to the number of times a registration may be renewed.


Late Renewal

Renewal fees can be paid up to a maximum 6 months after they fall due (the renewal grace period)  but must be accompanied by the payment of a surcharge.


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