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Trade Marks | Australia | Renewal Requirements
Renewal Requirements
National renewal fees are payable in Australia in order to keep a trade mark registration in force, otherwise the registration will expire in due course. The renewal requirements for the various types of trade mark registrations are as follows.
Renewal Requirements | National Trade Mark Registration10 Year Renewable Terms, more...
Initial Registration Term
- when a trademark is registered it is registered for an initial 10 year term commencing from the original filing date;
- in the case of a trademark registration that is a divisional registration 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 provided the registration is validly maintained.
Late Renewal | Risks
- a renewal fee can be paid late up to a maximum of 6 months after it falls due during a renewal grace period;
- a late renewal fee must be accompanied by an additional monthly late fee for each month, or part of a month after the due date;
- please note there is a prejudicial risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.
10 Year Renewable Terms, more...
Initial Registration Term
- when a trademark is registered it is registered for an initial 10 year term commencing from the official registration date;
- all designated countries on an international registration will have the same date of renewal being the official registration date of the international trade mark;
- 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 12 months of the current applicable term of registration;
- there is no limit to the number of times a registration may be renewed provided the registration is validly maintained.
Late Renewal | Risks
- a renewal fee can be paid late up to a maximum of 6 months after it falls due during a renewal grace period;
- a late renewal fee must be accompanied by a late surcharge fee;
- please note there is a prejudicial risk associated with late renewals and it is recommended that renewals are paid in good time before they fall due.
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