The short answer
Under the Trade Marks Act 1995 (Cth) a registration is taken to have effect from the filing date and runs for 10 years, renewable for further periods of 10 years. A renewal request is made in the prescribed period before expiry, and a mark can still be renewed within 6 months after expiry. A mark can be removed for non-use after 3 years from registration.
Trademark deadlines in Australia at a glance
These rules come from the Trade Marks Act 1995 (consolidated as of 27 February 2020, Compilation No. 39) in the English text on WIPO Lex. The renewal window, opposition period and fees are set by the Trade Marks Regulations 1995, so we confirm the current figures with IP Australia before we advise.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for further periods of 10 years (Sections 72 and 77). |
| Which date does the term count from? | The filing date of the application: the registration is taken to have effect from the filing date (Section 72(1)). Where Convention priority is claimed, the effect can run from the earlier priority date (Section 72(2)). |
| When can I renew? | Any person can ask the Registrar to renew the registration within the prescribed period before it expires, using an approved form. The Registrar then renews it for 10 years from the day it would otherwise expire (Sections 75 and 77). |
| Is there a grace period? | Yes. If a request is made within 6 months after the registration has expired, the Registrar must renew it for 10 years from the expiry day. If it is not renewed, the mark is removed from the Register 6 months after expiry (Sections 78 and 79). IP Australia charges a late fee. |
| Opposition period | After the Registrar accepts an application, a person can oppose by filing a notice of opposition in the prescribed form within the prescribed period, which the Regulations set (currently 2 months from advertisement of acceptance, which we confirm). The period can be extended under the Regulations (Section 52). |
| Reply to an office action | IP Australia issues an examination report and the applicant has the prescribed time to respond, with the right to be heard and to appeal (Sections 67 and following). |
| Priority claim | A right of priority applies for applications in Convention countries (Section 29). The Convention period is 6 months under the Paris Convention. |
| Non-use | An aggrieved person can apply for removal of a mark from the Register for non-use. The usual ground is that the mark has not been used in good faith in Australia in the 3 years ending one month before the application. A non-use application cannot be made until 3 years after registration (Sections 92 and 93). |
| Assignment | A trade mark can be assigned and the assignment recorded on the Register. We confirm the procedure and fees with IP Australia. |
Who can register a trademark in Australia
A person who claims to be the owner of a trade mark that is used or intended to be used can apply. Examination, acceptance, advertisement and opposition follow (Sections 27 and following).
Representation. An applicant must give an address for service in Australia. We provide it and act as your representative.
Trademark registration process in Australia
Search
- Search the IP Australia records for identical or similar marks in your classes.
File the application
- File with the IP Australia, through an Australian address for service.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance and advertisement, a person can oppose within the period set by the Regulations (currently 2 months, extendable), by filing a notice of opposition (Section 52).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the IP Australia and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Australia trademark validity and renewal
- A registration is taken to take effect from the filing date and lasts 10 years.
- Renew within the prescribed period before expiry.
- Renewal is still possible for 6 months after expiry, with a late fee.
- Keep using the mark to avoid a non-use removal application after 3 years.
Diarise the expiry from the filing date.
Assignment, licence and changes to a Australian trademark
Renewal
10 years
Renewed for 10 years from the day the registration would have expired (Section 77).
After expiry
6 months
A late renewal is possible for 6 months, after which the mark is removed (Sections 78 and 79).
Removal
Non-use
Removal for non-use is judged against 3 years (Section 92).
Referral to court
Possible
A non-use matter can be referred to court (Section 94).
Non-use and cancellation of a Australian trademark
An aggrieved person can apply for removal of a mark from the Register on the grounds in Section 92, including non-use in good faith during the 3 years ending one month before the application. That application cannot be made until 3 years after registration (Section 93), and a matter can be referred to the court (Section 94).
Keep dated proof of use in Australia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Australia
Search the IP Australia register (the Australian Trade Mark Search) for the filing, acceptance, registration and renewal dates.
Sources used
- Trade Marks Act 1995 (Cth), consolidated as of 27 February 2020, English text on WIPO Lex: Sections 29, 52, 72, 75 to 80 and 92 to 94.
- IP Australia for the current Regulations, fees and forms.
Australia trademark FAQ
How long does a trademark last in Australia, and from when?
10 years, renewable for further periods of 10 years (Sections 72 and 77). It counts from the filing date (Section 72).
When should I renew a Australian trademark, and is there a grace period?
Any person can ask the Registrar to renew the registration within the prescribed period before it expires, using an approved form. The Registrar then renews it for 10 years from the day it would otherwise expire (Sections 75 and 77).
What is the opposition period in Australia?
After the Registrar accepts an application, a person can oppose by filing a notice of opposition in the prescribed form within the prescribed period, which the Regulations set (currently 2 months from advertisement of acceptance, which we confirm). The period can be extended under the Regulations (Section 52).
How much does it cost to register a trademark in Australia?
The official fee is set by the IP Australia and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Australia?
Yes. A foreign company can register a trade mark in Australia, giving an Australian address for service. We arrange this.
Can I assign a Australian trademark?
A trade mark can be assigned and the assignment recorded on the Register. We confirm the procedure and fees with IP Australia.
Can a Australian trademark be cancelled for non-use?
An aggrieved person can apply for removal of a mark from the Register for non-use. The usual ground is that the mark has not been used in good faith in Australia in the 3 years ending one month before the application. A non-use application cannot be made until 3 years after registration (Sections 92 and 93).
How can I check the status of a Australian trademark?
Use the IP Australia register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A right of priority applies for applications in Convention countries (Section 29). The Convention period is 6 months under the Paris Convention.
How do I change the owner's name or address?
Record the change with the IP Australia so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Australia
SUPREMEiP® files trademarks worldwide through its network and checks every Australian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
