Currently, an Australian trade mark registration may be renewed up to 12 months before or 12 months after the renewal due date. For registrations which fall due for renewal from 28 March 2008, the existing 12 month grace period for paying the renewal fee will reduce to 6 months as a consequence of amendments to the legislation incorporated in the Trade Marks Amendment Act 2006.
This change will bring the grace period within which a trade mark can be renewed in line with the periods allowed under the Patents Act 1990, the Designs Act 2003, and the Madrid Protocol. Trade marks due for renewal on or before 27 March 2008 will still be able to be renewed for up to 12 months afterwards. There is no change to the 12 month period prior to the renewal due date.
Further information may be obtained from the relevant Official Notice.Susan Stopford