40.2.Timing for renewal

Date Published

2.1 The initial expiry date of all registrations (including those claiming Convention priority) is ten years from the original filing date of the application for registration (subsection 72(3)). (The filing date of a registration resulting from a divisional application is the filing date of the parent application.)

2.2 The registration of a trade mark is renewed for a period of ten years from the day (date of expiry) on which the registration would expire if it were not renewed (section 77).

2.3 A person may request the renewal of a registered trade mark at any time within the twelve months prior to the date of expiry of the registration (reg 7.3).

2.4 If, two months before the date of expiry, the Registrar has not received a request for renewal of a registered trade mark, he or she must notify the registered owner indicating the date on which renewal is due and the fee payable for renewal (section 76 and reg 7.4). The notice also includes information about late fees that may be payable if the application to renew is filed after the date of expiry. The period in which a trade mark registration may be renewed after the registration expires is 6 months from the date of expiry, and is not extendible (paragraph 21.28(l)(k)).

2.5 If a request for renewal is received and actioned, the Registrar will give notification that the registration is renewed and the period for which it is renewed (subsection 77(2) and reg 7.5).

Amended Reasons

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