Getting a trademark registered feels like crossing the finish line. You've done the searching, filed the application, navigated examination, survived the opposition period, and finally received that certificate of registration. It's a genuine achievement — and one that most business owners promptly file away and forget about.

Then, years later, the renewal deadline arrives. And suddenly you're scrambling.

Trademark renewal is one of those administrative realities that catches people off guard, not because it's particularly complicated, but because nobody really explains how it works until you're staring down a deadline. This article walks you through the entire process — what's involved, when it matters, and the traps that catch even experienced brand owners.

Your Trademark Registration Has an Expiry Date

Let's start with the basics that surprise a remarkable number of trademark owners: your registration doesn't last forever.

In Australia, a trademark registration is valid for 10 years from the filing date of the application. Not from the registration date — from the *filing date*. This distinction matters because the examination and registration process can take months, sometimes longer. By the time you receive your certificate, a meaningful chunk of your first registration period has already elapsed.

After that initial 10-year period, your trademark must be renewed to remain on the Register of Trade Marks maintained by IP Australia. If it isn't renewed, the registration lapses. Your mark comes off the register. And the legal protections that came with registration — the exclusive right to use the mark, the ability to bring infringement proceedings, the presumption of validity — disappear with it.

You don't get a second registration for free. You get the right to *renew*, but you have to actually do it.

When Renewal Falls Due

IP Australia sends a renewal notice approximately 12 months before the registration is due to expire. This is a courtesy reminder, not a legal prerequisite — the obligation to renew exists whether or not you receive the notice.

You can file a renewal application at any time during the 12 months before the expiry date. This is the standard renewal window, and lodging within this period is straightforward.

For more information, see our the hidden costs of trademark registration nobody.

If you miss the expiry date, you enter what's known as the late renewal period. IP Australia allows a grace period of 6 months after the expiry date during which you can still renew, but you'll pay an additional late fee on top of the standard renewal fee.

Miss the late renewal period as well? Your registration is removed from the register. At that point, restoring it becomes significantly more difficult, if it's possible at all.

Here's a timeline to make this clearer:

  • **12 months before expiry**: Renewal notice sent by IP Australia; standard renewal window opens
  • **Expiry date**: Standard renewal window closes
  • **Up to 6 months after expiry**: Late renewal still possible (with additional fees)
  • **Beyond 6 months after expiry**: Registration removed from the register

What the Renewal Process Actually Involves

The good news is that the renewal process itself is relatively simple compared to the original application process. There's no re-examination of your mark. No fresh search for conflicting marks. No opposition period.

What's involved:

1. Filing a renewal request with IP Australia (this can be done online through the IP Australia portal) 2. Paying the renewal fees 3. Confirming the classes of goods and/or services you want to maintain

That last point deserves attention. When you renew, you don't have to renew across all the classes your mark is registered in. You can choose to drop classes you're no longer using or that are no longer relevant to your business. This can save money, since fees are calculated on a per-class basis.

However, there's a catch: if you drop a class at renewal, you can't simply add it back later. You'd need to file a new application for that class, which means going through the full application process again — examination, opposition period, and all.

The Fees

As of the current fee schedule published by IP Australia, the key renewal costs are:

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  • **Standard renewal fee**: Charged per class of goods or services
  • **Late renewal fee**: An additional amount on top of the standard fee, also per class

Fees are updated periodically by IP Australia, so it's worth checking the current schedule on their website when your renewal falls due. But as a general principle, late renewal costs meaningfully more than timely renewal. It's a financial incentive to get organised.

For businesses with multiple trademark registrations across multiple classes, renewal fees can add up. This makes it particularly important to audit your portfolio before renewal — do you still need all those classes? Are all those registrations still serving your business?

The Traps That Catch People

Trap 1: Assuming Someone Else Is Handling It

If you used a trademark attorney for your original application, you might assume they're tracking your renewal dates and will handle everything automatically. Some firms do offer renewal watching services. Many do not, or only do so as an additional paid service. Never assume — confirm.

If your attorney has changed firms, retired, or if you've changed attorneys since the original filing, the renewal notice from IP Australia might go to an outdated address. IP Australia sends notices to the address for service on record. If that's not current, you may never receive the reminder.

Trap 2: Confusing the Filing Date with the Registration Date

As mentioned earlier, the 10-year clock starts from the filing date, not the date your mark was actually registered. If your application took 18 months to proceed to registration, your first renewal comes 8.5 years after registration, not 10. People who set calendar reminders based on their registration date can find themselves caught out.

Trap 3: Forgetting About International Registrations

If you've extended your trademark protection internationally through the Madrid Protocol, renewal timelines and processes differ from jurisdiction to jurisdiction. An international registration through WIPO has its own renewal cycle (also 10 years, but from the date of the international registration). Individual country designations may have their own requirements on top of this.

Australian businesses with overseas trademark protection need to track multiple renewal dates across multiple systems. It's an administrative burden that scales with the size of your international footprint.

Trap 4: Not Using the Mark

This one isn't strictly about the renewal process itself, but it's deeply connected. In Australia, a registered trademark can be removed from the register if it hasn't been used in good faith during any continuous 3-year period. This is known as a non-use removal action, and any person can apply to have your mark removed on these grounds.

The relevance to renewal? If you're renewing a trademark you haven't actually been using, you're paying to maintain a registration that's vulnerable to removal. Worse, you might be lulled into a false sense of security — believing your brand is protected when the protection is actually hollow.

See also our how to compare trademark lawyer quotes.

Before renewing, honestly assess whether you're using the mark in connection with the goods or services it's registered for. If you're not, consider whether renewal is worthwhile, or whether the money would be better spent on a fresh application that accurately reflects your current business.

Trap 5: Business Name and Trademark Confusion

Some business owners confuse their business name registration (through ASIC or state/territory registries) with their trademark registration. These are completely separate systems with different renewal cycles and different legal effects. Renewing your business name does nothing for your trademark, and vice versa. Similarly, domain name renewals have no bearing on trademark status.

Building a Renewal Management System

For businesses with even a modest trademark portfolio, having a system for tracking renewal dates is essential. Here's what a practical system looks like:

1. Maintain a trademark register. This doesn't need to be sophisticated — a spreadsheet will do. For each registration, record the trademark, application number, registration number, filing date, registration date, classes, and the renewal due date.

2. Set reminders well in advance. Don't rely solely on IP Australia's 12-month reminder. Set your own alerts for 18 months, 12 months, and 6 months before the expiry date. Multiple reminders create multiple safety nets.

3. Keep your address for service current. If you change attorneys, change offices, or change your contact details, update your address for service with IP Australia. This is the address where all official correspondence — including renewal notices — will be sent.

4. Conduct regular portfolio audits. At least annually, review your trademark registrations. Are they all still relevant? Are you using all the marks? Are there gaps in protection that need addressing? A portfolio audit is the ideal time to prepare for upcoming renewals and make strategic decisions about which registrations to maintain.

5. Budget for renewals. Trademark renewal fees are a predictable, foreseeable expense. Build them into your annual or multi-year budget so they don't come as an unwelcome surprise.

What Happens If Your Registration Lapses

If you miss both the standard and late renewal windows and your registration is removed from the register, the consequences can be significant:

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  • **Loss of the presumption of ownership.** A registered trademark gives you a presumption of exclusive ownership. Without registration, you're relying on common law rights (such as passing off or the Australian Consumer Law), which are harder and more expensive to enforce.
  • **Vulnerability to third-party applications.** Once your mark is off the register, there's nothing stopping a third party from applying to register the same or a similar mark. If they do, and their application proceeds to registration, you could find yourself unable to use your own brand — or facing a costly legal fight to reclaim it.
  • **Loss of the ® symbol.** Using the ® symbol in connection with a mark that is not registered is misleading and potentially unlawful. If your registration lapses, you need to stop using it immediately.
  • **Disruption to licensing arrangements.** If you've licensed your trademark to others, the licence is tied to the registration. A lapsed registration can throw licensing agreements into disarray.

In some cases, it may be possible to apply for a new registration of the same mark after a lapse, but there's no guarantee the new application will succeed — especially if someone else has applied for or started using a similar mark in the interim.

Renewal as a Strategic Opportunity

Rather than treating renewal as a mindless administrative chore, consider it a strategic checkpoint. Every 10 years, you have a natural opportunity to ask:

  • Does this trademark still reflect our brand as it exists today?
  • Are we registered in the right classes for our current goods and services?
  • Have we expanded into new areas that need additional protection?
  • Are there registrations in our portfolio that are no longer serving a purpose?
  • Has our competitive landscape changed in ways that affect our trademark strategy?

A 10-year cycle aligns reasonably well with the natural evolution of most businesses. The brand you registered a decade ago may look quite different from the brand you're operating today. Renewal is your prompt to ensure your trademark protection keeps pace with your business reality.

The Bottom Line

Trademark renewal is straightforward in execution but consequential if neglected. The process itself — filing a form, paying a fee — is far simpler than the original application. But the deadline is absolute, the grace period is finite, and the consequences of letting a registration lapse can range from inconvenient to devastating.

The single most important thing you can do is know when your renewals fall due and have a system to ensure they don't slip through the cracks. Whether you manage this yourself or engage a professional to monitor your portfolio, the cost of staying organised is a fraction of the cost of losing a registration you've spent years building value around.

Your trademark is one of your most valuable business assets. Renewing it on time is one of the simplest ways to protect that value. Don't let it be the process nobody prepared you for.