How long does a trademark last in Australia?

A registered Australian trademark lasts 10 years from the filing date, and you can renew it every 10 years, indefinitely. There is no upper limit on how long a trademark can stay registered. Some of Australia’s best-known brands have kept their marks alive for decades by simply renewing on time and continuing to use them. This guide explains exactly how the 10-year term works, when and how to renew, what happens if you miss the deadline, and the one ongoing obligation that can cost you the mark even while it’s registered.

The 10-year term

Your registration runs for 10 years measured from the filing date — not the date the mark was accepted or entered on the Register. This matters, because examination and any objections can take several months, but your clock starts ticking from the day you filed.

A useful point in your favour: once your mark is registered, protection is back-dated to that filing date. So even though registration itself can take around seven months when unopposed, your exclusive rights are treated as beginning the day you lodged.

How renewal works

Renewal keeps your registration alive for another 10-year block, and you can do this as many times as you like.

• You can renew up to 12 months early.
• Renewal is due on the 10-year anniversary of your filing date.
• The government renewal fee is $400 per class.
• With us, renewal is $490 per class in total — the $400 IP Australia official fee plus our $90 professional fee.

Because the fee is per class, a registration covering three classes costs three times a single-class renewal. Our renewal calculator works out your exact deadline and total from your filing date.

The lifecycle at a glance

Point in time	What’s happening
Filing date	Your 10-year term begins; priority is fixed
Up to 12 months before expiry	You can renew early
10-year anniversary	Renewal due
0–6 months after expiry	Grace period — renew with a $100/month late fee
After the 6-month grace period	Registration lapses and can’t be renewed

Missing the deadline — the grace period

Life gets busy, and deadlines slip. Australia allows a 6-month grace period after expiry in which you can still renew, but it carries a late fee of $100 per month. The longer you leave it, the more it costs, so renewing on time (or early) is always cheaper.

Once the 6-month grace period passes, the registration lapses. At that point you’d have to start over with a brand-new application, losing your original filing date and your place in the queue. In the meantime, someone else could apply for the same mark. This is why we send renewal reminders well ahead of your deadline.

Use it or risk losing it

A trademark can stay registered indefinitely, but registration alone isn’t enough. Australian law allows any person to apply to remove your mark for non-use if it hasn’t been genuinely used in trade for a continuous 3-year period. For marks filed on or after 24 February 2019, this can be raised from three years after the mark is entered on the Register.

“Genuine use” means real commercial use of the mark for the goods or services it’s registered for, not a token gesture. To keep your protection solid:

• Use the mark on the actual goods and services it covers.
• Keep dated evidence of use — invoices, packaging, advertising, screenshots.
• Don’t register classes you have no intention of trading in, since unused classes are the most exposed.

Our opposition and non-use guide explains how removal actions work and how to defend against them.

Keeping your registration healthy long-term

A trademark is a business asset that can grow in value over the years, so it’s worth maintaining properly:

• Renew on time, every 10 years, ideally early.
• Keep using the mark as registered to avoid non-use removal.
• Update your details with IP Australia if your address or ownership changes, so renewal notices reach you.
• Re-file if your brand changes materially. You generally can’t substantially alter the mark itself; a significant redesign usually needs a fresh application. Minor, non-substantial updates and owner-detail changes are allowed.
• Watch the market for similar marks so you can act early if needed.

Common questions

Does the 10 years start when I file or when I’m registered? From your filing date. Protection is back-dated to that date once the mark registers.

How many times can I renew? As many as you like. There is no maximum — a trademark can stay registered forever if you keep renewing and using it.

What happens if I forget to renew? You have a 6-month grace period to renew with a $100/month late fee. After that the registration lapses and you’d need to apply again from scratch.

Can I lose my trademark even though it’s registered? Yes — if you don’t genuinely use it, someone can apply to remove it for non-use after a continuous 3-year period. Registration and use go together.

Can I renew early? Yes, up to 12 months before the due date, which is a good way to avoid any risk of missing the deadline.

Stay ahead of your deadline

The simplest way to keep a valuable brand protected is to never miss a renewal. Check your exact due date with our renewal calculator, and when the time comes we can lodge it for you through our trademark renewal service. If you’re still at the start of the journey, the trademark cost guide and trademark steps guide will help you plan ahead.