Amend grace period under section 80G of the Trade Marks Act to align with other grace periods for paying renewal fees

Issue summary

Section 80G of the Trade Marks Act provides a 10 month grace period for a trade mark to be renewed where the trade mark isn't registered for more than 10 years after the filing date. This period of 10 months is inconsistent with the grace periods for renewal under all four IP rights (i.e. currently six months). Furthermore, there appears to be no reason why this time period is specified in the Act, rather than prescribed in the regulations (as is usually the case) such that they can be easily amended.

Aligning the grace period for section 80G to be six months would make it more consistent with the grace period for renewal of trade marks and other rights in normal circumstances.

History

• On hold 4 September 2017
• Identified for action 5 December 2022
• In Parliament 22 June 2023
  
  

Comments

Intellectual Property Laws Amendment (Regulator Performance) Bill 2023 was introduced to the Australian Parliament on 22 June 2023. The Bill is currently before the Parliament for consideration.