M MrTrademark

Claim a lapsed trademark

HARBOUR & HOLM (No. 2230918) — step-by-step guide to picking up a mark that's lapsed.

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Before you start

MrTrademark is a monitoring tool, not a law firm. This walkthrough is general guidance, not legal advice. Most people use a trademark attorney to file — the cost is usually a few hundred dollars and saves a lot of risk.

1

Confirm the lapse on IP Australia

Open the trademark record on IP Australia and verify the status reads "Removed - Not renewed" or that the renewal due date has passed without action. We track this for you, but always double-check the official record before spending money.

HARBOUR & HOLM status: Lapsed 10 May 2026. Now in 6-month late-renewal grace period (ends 10 Nov 2026).
View on IP Australia ↗
2

Wait out the grace period (or be ready)

For 6 months after lapse the original owner can still recover the mark by paying a late-renewal fee. You can't file your own application for it during that window — well, you can, but it'll be blocked if they renew. Plan to file the day the grace period ends.

We'll send you an alert 30 days before the grace period ends, and another on the day it ends. That's your window to file first.
3

Prepare your application

Treat it as a new trademark application — you're not "transferring" the old one. You'll need:

  • The exact mark you want to register (word, logo, or both)
  • The class(es) of goods/services — usually the same as the old registration
  • The applicant entity (you, your trust, or your Pty Ltd)
  • Filing fee: $250–$400 per class via IP Australia online
4

File the moment the grace period ends

Lodge through IP Australia Online Services. Filing first matters: if two parties apply on the same day for the same mark, IP Australia generally rules in favour of the earlier filer.

Tip: Have your application drafted, payment method ready, and lodge in the first hour of the grace-period-end date.
5

Survive the opposition window

After acceptance, your application is advertised in the Trade Marks Journal for a 2-month opposition period. The original owner — or anyone else — can oppose. We'll watch for opposition activity and alert you the moment anything is filed.

Most lapsed-mark claims sail through. The risk is the original owner deciding too late they wanted it back — they can oppose on grounds like prior use or bad faith.
6

Registration granted

Once the opposition period closes with no challenge (or you win one), IP Australia issues the certificate. The mark is yours for 10 years from the application date. We'll automatically add it to your watchlist so the renewal reminders start over.

Typical timeline from filing to registration: 6–9 months if uncontested.
Set a reminder for grace-period-end (10 Nov 2026) Watch more lapsing marks