How long does a trade mark registration last?

Under the Trade Marks Act 1995 (Cth), a trade mark registration runs for an initial term of 10 years, calculated from the filing date of the application, not from the date it was eventually accepted or registered. That distinction matters because examination can take months, so the 10-year clock is already running well before the certificate of registration arrives. The same rule applies even where the applicant claimed an earlier priority date from an overseas filing: the Australian term is still measured from the Australian filing date.

Renewing before your trade mark expires

A trade mark isn’t limited to one term. It can be renewed indefinitely, in successive 10-year blocks, for as long as the owner keeps paying the renewal fee on time. The renewal window opens 12 months before the expiry date, and a request made within that window extends the registration for another 10 years from the original expiry date, with no gap in protection.

Useful to know: the request to renew doesn’t have to come from the registered owner personally. Any person can request renewal on the owner’s behalf, which is why many businesses hand this off to an attorney or portfolio management service rather than relying on someone internally to remember the date.

What if you miss the deadline? The six month grace period

Missing the 12-month renewal window isn’t necessarily fatal. There is a six month grace period after expiry during which a late renewal request can still be made, along with a late fee. During those six months, the unrenewed trade mark keeps a limited protective status: it’s still treated as a registered mark for the purpose of blocking anyone else who tries to register the same or a confusingly similar mark in that window.

That grace period is strict, though. It cannot be extended under the Act’s general extension of time provisions, no matter the circumstances. There is no fallback beyond it.

What happens if the grace period runs out too

If no renewal request is made within the six months, the registration ceases to have effect from the original expiry date, and the Registrar is required to formally remove the trade mark from the Register six months after that expiry date. Once that removal happens, it’s final. There is no mechanism to revive or restore a registration once it has been removed on this basis.

After removal, the mark becomes available again, and anyone, including a competitor, is free to apply to register the same or a similar mark. This is the deliberate design of the scheme: renewal is there for the asking, and if nobody asks, the Registrar is required to take the mark off the Register.

What you stand to lose if a trade mark lapses

The renewal fee itself is small compared to what’s at stake. A lapsed trade mark means losing the exclusive right to stop others from using or registering a confusingly similar name or logo, right at the point where a competitor, a copycat, or simply an unrelated business could register it instead. Rebuilding that protection from scratch, or fighting to get a registration back once someone else holds it, costs far more in time and legal fees than a timely renewal ever would.

Keeping track of renewal dates

The most common way trade marks lapse isn’t a deliberate decision, it’s a missed reminder. Staff change, inboxes get reorganised, and a renewal notice sent 12 months out is easy to lose track of by the time it’s due. A calendar reminder set well ahead of the deadline is the bare minimum. For businesses with more than one registration, or marks registered in several classes or countries, a portfolio management service that tracks every renewal date on your behalf removes the guesswork entirely.

Need help keeping track of a renewal date?

If your trade mark is coming up for renewal, has already lapsed, or you just want to make sure nothing slips through the cracks, Contact Plummark | Trade Mark Enquiries and we’ll take it from there.

Contact us: https://plummark.co/en/contact-us
Email: support@plummark.co

Disclaimer: This article is general information only and does not constitute legal advice. It doesn’t take into account your specific circumstances. If your trade mark is approaching its renewal date or has already lapsed, speak with a registered trade mark attorney about your options before relying on anything above.