Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Australia
Ten years from the application date (being the priority date), which is renewable every 10 years thereafter, subject to continued use and payment of the renewal fee.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Australia
A simple renewal application and payment of the renewal fee, which is presently A$400 per class (using online services).

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
8.3
What are the grounds for cancelling a trademark registration?
 
Australia
The registrar must cancel the registration of a trademark if requested to do so in writing by the registered owner (Section 84).

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Australia
The registrar may revoke the registration of a trademark if satisfied that the trademark should not have been registered or that it is reasonable to revoke the registration, taking account of all circumstances, such as errors or omissions leading to the registration.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Australia
Application to the registrar.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Australia
An appeal lies with the Federal Court or the Federal Circuit Court from a decision of the registrar.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers