Trade Mark Renewals
Registered trade marks need to be renewed every ten (10) years from the date on which they were original filed. The effect of renewing your registered trade mark is that it will remain in force for another ten (10) years.
Ten years is a long time in business, and we find that many trade marks that are coming up for renewal need a good dust off and revisit, so we do not simply seek renewal of a trade mark without first confirming that the registration is still fit for purpose.
Unlike other attorneys, which charge a fee per class, our renewals are a fixed price of $660.00 (inc GST) plus IP Australia’s fees at a rate of $300.00 per class.
As part of our renewal service we will assess whether the registered trade mark that is coming up for renewal is the same as that which you currently use and that it is being used on the goods and/or services for which it is registered. Often this can reduce the cost of the renewal or alert you to gaps in your trade mark protection, requiring new applications for the trade mark in other classes not covered by the registration being renewed. We will also check to ensure all other details of the trade mark registration are correct.
Where we are not already the attorney responsible for your trade mark registration, we will on your instructions record Marshall Marks as the “Address for Service”. We will need to do this to be able to process the renewal on your behalf. The effect of this is that all subsequent correspondence in relation to this trade mark registration will be sent to our office, meaning it will be promptly and efficiently reported out to you with recommendations as to your options, where appropriate. It also means that when the next renewal comes around, we will be able to notify you and process it accordingly.
If your trade mark registration has not been renewed by the expiry date, we may still be able to renew it; however there will be additional costs. A six (6) month grace period after the date on which it expires applies; however, you will not be able to sue for any infringements (or parts thereof) occurring in the period after the expiry date of the trade mark and the date on which the renewal is processed. Additional charges will apply where it is necessary to renew a trade mark registration during the six (6) month grace period.
Call us today to have us RENEW your registered trade mark.
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This is how we've helped others
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."
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"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "
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"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"
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