Trade Mark Renewal & Watching

TRADE MARK RENEWALS

Provided your trade mark is being used, the registration of your trade mark may continue indefinitely as long as you renew it every 10 years. The renewal can be requested with IP Australia from 12 months before the renewal date or up to six months after the date expires (subject to payment of late fees). If your trade mark is in our care, we will ensure that a courtesy reminder is sent to you well before the deadline so you won’t miss it.

 

 

TRADE MARK MONITORING

Under the Trade Marks Act 1995 (Cth), the owner of a registered trade mark is entitled to use the trade mark exclusively and stop others using the substantially same or deceptively similar marks to yours. Noting that IP Australia does not police or enforce your rights, it is your responsibility to police the marketplace to ensure that other traders are not using the same/similar trade marks. Further, conflicted trade marks applied later than yours are usually objected by IP Australia. In some instances however they might be accepted in which case you should oppose the registration in time.

 

We offer our quarterly watching services where we will scan the database and the market for you. This includes a handy quarterly report to you detailing any potential infringement found online as well as any action needed in relation to your trade mark such as upcoming deadlines and/or any third parties’ accepted trade mark applications to be opposed.

 

For more information, call us on 02 9233 1411 or send us an online enquiry.

Common Questions

Is it possible to reduce classes when a trade mark renewed?

If you found that you did not need to have all the goods and/or services, we can request deletion of some classes you no longer need to have at the time of renewal. This will save you to pay additional government fees.

What's the difference between the TM and ® symbol?

The ® symbol shows that the trade mark is registered whilst the TM symbol shows that the word/logo referred to functions as a trade mark but is not necessarily registered. Note that use of the ® symbol on products without registration may constitute a criminal offence in Australia.