Essential Guide to Trademarks in Australia

Protecting Your Brand with Brealant's Expertise

Hand filling in a trademark application form
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    Legal Definition of Trademark Renewal

    Renewal, under the Trade Marks Act 1995, is the payment of the prescribed fee to IP Australia to extend a registration for a further 10-year term.

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    Purpose and Function of Renewal

    Unlike some jurisdictions, Australia does not require proof of continued use to renew — timely payment of the fee alone keeps the registration in force.

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    Protecting Your Trademark

    A missed renewal causes the registration to lapse, potentially allowing someone else to register the same or a similar mark, so ongoing tracking matters.

A Hassle-Free Registration Journey with Brealant

  1. Contact Brealant step icon

    Contact

    Reach out to Brealant toset up renewal tracking for your Australian trademark portfolio.

  2. Trademark search step icon

    Search

    We confirm the registrationdetails and ownership are current before renewal.

  3. Get a quote step icon

    Quote

    Receive a fixed-fee quotefor managing your renewal.

  4. Payment step icon

    Pay

    Proceed with secure paymentfor the official renewal fee and our professional fee.

  5. File application step icon

    File

    Brealant submits the renewal request to IP Australia.

  6. Waiting period step icon

    Wait

    Australia processes the renewal and updates the register.

  7. Office action response step icon

    Response

    You receive confirmation once the renewal is recorded.

Hand signing a trademark document with TM symbol icon

Clear, Simple Steps to Renew Your Trademark

In Australia, renewal falls due on the 10-year anniversary of the filing date. IP Australiaaccepts renewal requests up to 12 months before expiry and offers a 6-monthgrace period after expiry, with a late fee, before the registration is removed.

Safeguarding Your Trademark in Australia — With Brealant by Your Side

A lapsedtrademark loses its registration date and can potentially be re-registered bysomeone else, so missing a renewal can mean losing your brand protectionentirely. Brealant's renewal tracking removes that risk from your calendar.

Limitations

What Renewal Cannot Do

Renewal keeps aregistration alive, but it has boundaries

  • No Substantive Changes

    Renewal cannot be used to change the mark itself, or add new goods or services.

  • Grace Period Only

    The 6-month grace period is the outer limit — after that, the registration is removed and cannot simply be reinstated.

  • Doesn't Fix Non-Use

    Renewal doesn't protect against a separate non-use removal action if the mark hasn't genuinely been used.

  • Doesn't Expand Protection

    Renewal maintains existing rights; it doesn't broaden the scope of protection beyond what was originally registered.

  • Ownership Must Be Current

    Renewal doesn't update ownership records — an assignment must be separately recorded if the owner has changed.

Brealant reviews your registration details as part of every renewal to flag any of these issues early.

What a Trademark Renewal Protects

Renewal keepsthe full benefit of your original registration in place, including

  • Exclusive Nationwide Rights

    Your continued exclusive right to use the mark across Australia for the registered goods/services.

  • Your Filing Date

    The priority and seniority attached to your original filing date.

  • Enforcement Standing

    Your ability to take infringement or opposition action based on a live registration.

  • Brand Value

    The accumulated goodwill and recognition built up under a continuously registered mark.

Brealantreviews your registration details as part of every renewal to flag any of the seissues early.

Timeline for Trademark Renewal in Australia

Professional reviewing patent documentsCertified registration document icon with pen

A search movesconsiderably faster than a full application. It typically involves

  1. Step 1

    Renewal Window Opens

    IP Australia accepts renewal requests up to 12 months before the expiry date.

  2. Step 2

    Reminder & Instruction

    Brealant notifies you well ahead of the deadline and confirms instructions.

  3. Step 3

    Filing & Payment

    The renewal request and fee are submitted to IP Australia.

  4. Step 4

    Grace Period (If Needed)

    A 6-month window after expiry remains available, with a late fee, before removal.

Renewal itself is typically processed byIP Australia within a matter of days to a few weeks of a complete request

Understanding Trademark Renewal Costs Australia — Simplified with Brealant

Renewal costsare predictable and modest compared to re-filing from scratch

  • Pricing dollar icon

    Official Filing Fees

    The IP Australia renewal fee is typically around $400 AUD per class when filed online , plus a late fee if renewed during the grace period.

  • Legal scales of justice icon

    Professional fees

    Brealant's fee for managing the renewal is fixed and quoted in advance, covering tracking, filing, andconfirmation.

These costsare far lower than the cost of losing protection and having to re-file andre-clear the mark from scratch.

Brealant support specialist providing continued trademark support

Continued Trademark Protection in Australia — Supported by Brealant

Beyond renewal, Brealant can support ongoing monitoring for conflicting new applications, licensing arrangements, and enforcement, so your registration keeps working foryour business well beyond each renewal date.

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Customer support specialist with headset working at a desk

Frequently Asked Questions

What happens if I miss my Australian trademark renewal?

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You have a 6-month grace period after expiry to renew with a late fee; after that, the registration is removed from the register.

Do I need to prove I'm still using the mark to renew?

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No, Australia does not require evidence of use for renewal — payment of the fee is sufficient.

How early can I renew?

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IP Australia accepts renewal requests up to 12 months before the expiry date.

Can Brealant renew a trademark it didn't originally file?

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Yes, we can take over renewal management for existing Australian registrations regardless of who filed the original application.

How much does it cost to renew a trademark in Australia?

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The renewal fee for a trademark in Australia is typically around $400 AUD per class if renewed online.

Can I remove goods or services classes when renewing, to reduce the cost?

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Yes, you can narrow the specification at renewal, though you can't add new goods or services — only remove or maintain what's already registered.

What happens to a trademark that isn't renewed?

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Once the grace period lapses without renewal, the registration is removed from the register and the mark becomes available for others to apply for.

Does Brealant manage renewal reminders for a whole trademark portfolio?

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Yes, we maintain a renewal diary across your entire portfolio and notify you well ahead of each mark's 10-year renewal date.

Do overseas trademark owners need a local address for service to renew in Australia?

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Non-resident owners generally need a registered address for service in Australia, which Brealant provides as part of our renewal management service.

Is there any advantage to renewing early rather than waiting until the deadline?

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Renewing early removes the risk of missing the deadline or incurring a late fee, though there's no separate discount for renewing ahead of time.

Renew Your Trademark

Blogs and Resources

Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .

Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations

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