This guide walks you through everything you need to know about trademark renewal in Australia: when to renew, how much it costs, and the common mistakes that catch business owners off guard.
What Is Trademark Renewal — And Why Does It Matter?
A registered trademark in Australia does not last forever. It is granted for an initial period of 10 years from the filing date and must be renewed every 10 years thereafter to remain valid.
If you let your trademark lapse, anyone — including a competitor — can apply to register it. That means losing the exclusive rights you have spent time and money establishing. For businesses that rely on brand recognition, this can be a serious blow.
Renewal is not just a formality. It is the mechanism that keeps your intellectual property protected and your brand legally secured.
When Do You Need to Renew Your Trademark in Australia?
IP Australia, the government body responsible for intellectual property rights, sets the renewal timeline. Here is what you need to know:
- Your trademark is valid for 10 years from the date of filing (not the date of registration).
- You can renew your trademark up to 12 months before the expiry date.
- IP Australia sends a renewal reminder approximately 6 months before the due date — but it is your responsibility to act.
- There is a 6-month grace period after the expiry date, during which you can still renew, but you will be charged a late renewal fee.
- After that 6-month window closes, your trademark will be removed from the register. Restoration may be possible but is significantly more complex and costly.
How Much Does It Cost to Renew a Trademark in Australia?
Standard Renewal Fees (as of 2024)
IP Australia charges renewal fees per class of goods or services. The cost varies depending on how you lodge and when:
| Renewal Type | Fee (per class) | Notes |
|---|---|---|
| Online renewal (standard) | $400 | Most cost-effective option |
| Paper lodgement | Higher administrative fee | Not recommended |
| Late renewal (within grace period) | $400 + surcharge | Additional fee applies |
If your trademark covers multiple classes, you will pay the renewal fee for each class separately. This is why it is important to review your trademark classes before renewing — you may be paying for coverage you no longer need, or you may need to consider expanding.
Step-by-Step: How to Renew Your Trademark in Australia
Renewing your trademark is a relatively straightforward process if you are prepared. Here is how it works:
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1Check your renewal date
Log into your IP Australia account or search the Australian Trade Mark Search (ATMOSS) database to confirm your trademark's expiry date.
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2Review your trademark details
Confirm the classes, goods/services descriptions, and owner details are still accurate before renewing.
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3Lodge your renewal application
Submit online through IP Australia's eServices portal for the fastest and most cost-effective processing.
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4Pay the renewal fee
You will be charged per class. Payment is required at the time of lodgement.
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5Receive confirmation
Once processed, IP Australia will update the register and you will receive confirmation of renewal.
If your business has changed ownership or structure since the trademark was registered, you may need to attend to a trademark assignment before or alongside the renewal process to ensure the correct entity holds the rights.
Common Trademark Renewal Mistakes — And How to Avoid Them
Missing the Deadline
The most costly mistake is simply forgetting to renew. Even with IP Australia's reminders, many business owners miss the deadline due to outdated contact details or simply losing track of dates.
SolutionSet a calendar reminder at least 12 months before your expiry date. Better yet, work with a trademark professional who tracks renewals on your behalf.
Renewing Under the Wrong Owner's Name
If your business has undergone a restructure, changed its ABN, or if ownership has transferred, the trademark might still be recorded under the previous owner. Renewing without updating this could create legal complications down the line.
SolutionBefore renewing, ensure the trademark is correctly assigned to the current owner. This may involve a formal trademark assignment process.
Paying for Classes You No Longer Use
If you registered in multiple classes but no longer operate in some of them, you may be spending money on unnecessary coverage. Conversely, if your business has expanded, you might be operating in areas that are not protected.
SolutionAudit your trademark classes before each renewal. Consider whether your goods and services descriptions still reflect your business accurately.
Not Understanding Licensing Arrangements
If someone else is using your trademark under a licensing arrangement, it is essential that your trademark remains registered and in good standing. A lapsed trademark puts your licensing agreements at risk.
Ignoring Non-Use Risks
A trademark that has not been used in Australia for a continuous period of three years may be vulnerable to removal on grounds of non-use. Simply renewing the trademark does not protect against this — you must also be actively using it in commerce.
SolutionIf your trademark has been dormant, seek professional advice before renewing to understand your options. Contact our patent and trademark consultants for guidance.
What Happens If Your Trademark Expires?
If your trademark is not renewed before the end of the 6-month grace period:
- It will be removed from the register
- You lose exclusive rights to the mark
- Competitors may apply to register the same or a similar mark
- You would need to re-apply from scratch — with no guarantee of approval
In some cases, a removed trademark can be restored, but this requires a formal application and sufficient grounds. The process is more expensive and less certain than a straightforward renewal.
If you are unsure about your options, speaking with a qualified patent and trademark consultant can help clarify the best course of action.
Trademark Agreements and Renewal: What to Consider
If your trademark is subject to any formal agreements — such as licensing deals, co-ownership arrangements, or commercial agreements with third parties — renewal can have wider implications.
Before renewing, check whether:
- Your trademark agreement includes renewal obligations
- Any co-owners need to be consulted or involved in the renewal decision
- Your agreement requires the trademark to be maintained in certain classes
For businesses with complex arrangements, having properly drafted trademark agreements in place ensures all parties are clear on renewal responsibilities.
Do You Need Help Renewing Your Trademark?
While you can renew your trademark directly through IP Australia, working with a trademark professional offers several advantages:
- They track deadlines on your behalf
- They can advise on whether your trademark coverage is still appropriate
- They identify and resolve ownership or assignment issues before they become problems
- They ensure your renewal is lodged correctly, reducing the risk of errors
For businesses with growing brand portfolios, professional assistance is often more cost-effective in the long run — especially when you consider the cost of losing trademark protection entirely.
Final Thoughts
Trademark renewal in Australia is not complicated — but it does require attention to detail and careful timing. The consequences of missing a deadline or renewing under the wrong name can be far more costly than the renewal fee itself.
Whether you are renewing for the first time or managing an established brand portfolio, staying on top of your trademark obligations is one of the most important things you can do to protect your business identity.
If you have questions about your trademark renewal, ownership changes, or related agreements, the team at ApplyTrademark is here to help. Reach out today to ensure your brand remains protected.
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