By Jennifer Song / Senior Associate
Unlike some other jurisdictions like the United States, in Australia, there are no use requirements in order to maintain a trade mark registration.
However, once three years has passed from the date of filing, it is possible for any third party to request that a trade mark is removed from the Australian Trade Marks Register for non-use.
In Australia, it is also possible for any third party to request that a trade mark is partially removed for non-use. This happens when a third party wishes to remove some (and not all) of the goods/services for which a trade mark is registered.
Accordingly, if you wish to keep your trade mark on the Register for all of the goods/services for which it is registered, you must ensure that the registered trade mark is continuously being used for all of the goods/services for which it is registered.
The Australian trade marks system is different from some other jurisdictions like the United States which has a maintenance requirement – namely, between 5 and 6 years after registration, the owner of a US trade mark must declare that the US trade mark is being used in respect of all of the goods/services for which it is registered in the US. Evidence of this use must also be provided to the US Trade Marks Office. Therefore, any goods/services that are not being used under/by reference to the trade mark registered in the US must be deleted.