22 Aug 2025
In Australia, a registered trade mark lasts 10 years from the date you file your application. The good news? You can renew it indefinitely — but only if you take the right steps.
What Affects How Long Your Trade Mark Lasts
1. Renewing on Time
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You must renew before your 10-year term ends.
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If you miss the deadline, you have a 6-month grace period to renew — but you’ll pay an extra late fee.
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Miss that window and your registration lapses, leaving your brand open for others to claim.
2. Continuous Use
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Registration alone isn’t enough. If you stop using your mark, it could be vulnerable to removal for “non-use” if challenged.
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Consistent use in marketing, packaging, and sales strengthens your position if your rights are ever questioned.
3. Avoiding Legal Challenges
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If another party successfully argues your trade mark is too similar to theirs or not genuinely in use, your registration could be shortened.
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Keep your mark distinctive and defend it actively.
Why This Matters
A trade mark is more than a logo — it’s your legal claim to your business identity. Letting it expire or lapse through non-use risks losing not just the registration, but the brand recognition you’ve built.
Bottom line
In Australia, a trade mark can last forever, but only if you renew it every 10 years, keep using it, and protect it from challenges. Treat it like any valuable business asset — because that’s exactly what it is.
