Trade mark renewals and extensions of time

At a glance

Policy ID: 149

Status: Identified for action

Priority: Low

Trade marks Renew

Issue summary

If a request for renewal of a registered trade mark under section 75 of the Trade Marks Act 1995 (the Act) isn’t received within the prescribed period of 12 months prior to expiry of registration and the trade mark registration is not effectively kept alive by the operation of section 79, it ceases to have effect when it expires.

The trade mark is no longer registered and time can't be further extended to renew the trade mark.

Some stakeholders have raised concerns about this issue.


  • Identified for action 5 December 2022


IP Australia will undertake policy analysis in due course to explore options to address this issue, in consultation with trade marks stakeholders.

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