
4 crucial steps for establishing a new business brand
Know the steps you need to take in order to secure protection for your business and/or brand for its long-term success.
If an adverse Examination Report is not issued in relation to an application, or if the Applicant has successfully overcome any issues raised during examination, the mark will be accepted for registration.
Once the mark is accepted, it will be advertised in the Australian Official Journal of Trade Marks for a two-month period which allows any third party to oppose registration. If the application is not opposed during this period, or if an extension of time to file an opposition has not been requested, the mark will be registered.
Trade mark acceptance may be deferred when a written request is submitted by the applicant in order to address an objection raised in an adverse examination report issued by IP Australia during formal examination. An objection may arise due to a conflict with a previously registered or applied for trade mark under section 44 or reg 4.15A.
Deferment can be requested on the following basis:
A Request for Deferment of Acceptance may be requested at any time within 15 months from the first adverse report date. If the request is entered close to the acceptance deadline, it may also be necessary that the Applicant enter an extension of time for the deferment request to be considered before the application lapses. Deferment may be granted at the Registrar’s own discretion.
The end of the deferment period will depend on the circumstances in which the deferment was requested. Possible scenarios on when the deferment will end include:
For deferment granted on the basis of prior use, honest concurrent use and other circumstances, deferment will end after a period of six months. The new acceptance date will be calculated based on the end date of the deferment.
Know the steps you need to take in order to secure protection for your business and/or brand for its long-term success.
Do you have the right trade mark to register, licence and maintain your .com.au or .net.au domain?
Binh Rey on EXPO Virtual: “IT is crucial for business owners, big or small, to know the intricacies of trademark registration…”
I am very happy to welcome Samantha Waldon as a Senior Associate for the Sydney office. Some of her experience includes trade marks, consumer law, trade practices, privacy, IP commercialisation, consultancy and service agreements.