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As a business in Australia, one of your most important considerations is how you will protect your intellectual property (IP). IP refers to the intangible assets of your business, such as your logo, motto or even a signature scent!
So, the best way to protect your brand in a highly competitive market is to register a trade mark for them with IP Australia.
However, sometimes, you may need to renew your trade mark if you want to benefit from continued protection under the law. In this article, we’ll go through trade marks, how to renew them and where to find the right legal help.
How Long Does Trade Mark Registration Last?
Generally, trade marks are protected for 10 years after the date that it was filed. You can opt to renew your trade mark 12 months before it expires, and up to 6 months after the renewal is due (note that additional fees may apply for this extension).
How Do I Renew My Trade Mark?
If your trade mark registration is reaching its 10 year mark, and you want to continue using it, you’ll need to renew the trade mark with IP Australia.
But what does this process look like? We’ll cover these steps below.
Update Trade Mark Details
Before you take steps to renew your trade mark, you need to make sure that your details with IP Australia are correct and up to date.
This is because IP Australia will regularly be keeping in touch with you to update you on the renewal process, and whether any issues have arisen with your application.
Check Your Trade Mark’s Classes
When you first register your trade mark, a key step is to register it under one or more of the 45 trademark classes in Australia.
After 10 years, some businesses find that their circumstances change, and so too do their classes. So, before you renew your trade mark, you may wish to remove certain classes.
You should think about this step carefully as you cannot add classes once your trade mark has been registered or renewed.
Pay The Renewal Fee
Lastly, you need to pay the relevant fee for renewing your trade mark.
IP Australia has put together this list of relevant costs for trade mark protection and renewals.
If you haven’t paid the renewal fee 6 months after the due date, your trade mark will be removed from the register and will no longer be protected.
Who Can Help Me Renew My Trade Mark?
Renewing a trade mark means you need to follow a specific process with IP Australia. At Sprintlaw, we offer a Trade Mark Renewal package where our expert lawyers walk you through the process.
Our package includes:
- A renewal of one trade mark in one class
- Phone consultations with a Sprintlaw lawyer who can answer your legal questions
If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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