60.2.6 Renewal

2.6.1  Relevant Legislation

Madrid Protocol

Article 7 Renewal of International Registration

Madrid Protocol Regulations

Rule 29 Unofficial Notice of Expiry

Rule 30 Details Concerning Renewal

Rule 31 Recording of the Renewal; Notification and Certificate

Trade Mark Regulations

Regulation 17A.42 Failure to renew international registration

2.6.2  General Description

Renewal of an international registration is due 10 years from the date of the international registration as recorded by the IB. This is usually the date on which the international application was received by the Office of origin. The IB notifies the holder or their representative six months before the IR is due to expire.

An international registration may be due for renewal less than ten years after Australia has been designated. This will occur where Australia has been subsequently designated.

Payment must be made direct to the IB (Swiss francs).

2.6.3  Renewal Fees not paid

There is a 6 month period of grace in which international registrations can be renewed, however renewal during the period of grace attracts additional fees.

2.6.4  Renewal of Basic Trade Mark

If the basic trade mark is due for renewal within the 5 year dependency period (see 3.3 Five Year Dependency), and the renewal fee is not paid before the end of the 6 month period of grace, IP Australia must notify the IB and the international registration will be cancelled.