Trademarks are an important identifier of any business, helping to protect intellectual property. Registering a trademark allows your business to stand out against competitors, bringing value to your business. However, understanding the technicalities of trademarks can be confusing especially if you wish to renew your trademark. If this is you, read our guide below.
Register a Trademark
This might seem obvious, but the first step is to register your trademark. As we mentioned above, a trademark is an important component of any business, giving you the sole right to use, licence or sell it to others. However, there are a couple of things that you need to do before you are eligible to register. This includes:
- You must apply as an individual business owner, rather than under your business name
- You must be an individual, company, incorporated association or a combination of these
- Have the intention to use or plan to use the trademark
However, remember to check the Australian Trade Marks Search System, to ensure that it has not already been used.
Using and Maintaining Your Trademark
After registering, you can display the ® (R) symbol next to the word, logo, image, etc that has been trademarked. Keep in mind that it is illegal to display the ® symbol if you have not registered. Further, make sure that you use your trademark, as it can be removed from the register if you do not use it. This is very important to keep in mind because another person can oppose your trademark for non-use.
What this means is; five years after the filing date for registration, it can be opposed if it has not been used for the past three years. This could mean that you lose the rights to your trademark. If someone has opposed your trademark and you wish to keep it, you can oppose removal for non-use. However, you are also given the right to oppose the acceptance of a trademark which could possibly infringe on yours.
Another important point to consider is commercialisation. As a part of intellectual property, your trademark can be commercialised in four main ways: assignment, licensing, franchising and spin-off. This allows for your goods or services to be brought into the market and is an important part of business.
Renewal
If you wish to continue using your trademark, you can renew your trademark every 10 years. There is no limit to the number of times you can renew. However, if, for any reason, you have changed your details, you must inform IP Australia before renewing. Renewal fees are important to pay on time, as additional fees will apply if you miss the date. These fees can be paid 12 months before the renewal date or up to six months after the date that it expires.
If you do not pay the renewal fee, you have a six-month ‘grace’ period for payment. Within this period, extension fees will apply on top of the initial renewal fee. However, once this period has passed and you have not paid the fee, you do not receive any benefits that are connected with registration. Your trademark will be removed from the register and cannot be restored.
Conclusion
It’s a fairly simple task to renew your trademark, however, it is important to know the time periods to pay renewal fees. This is especially important if you intend to keep your trademark active. If you have any further questions or need assistance, speak to a trademark lawyer.
