Availability of documents
Most documents in relation to your trade mark application will be made available for public access. This means that interested parties can get copies of trade mark documents provided that they pay a fee and that the documents they seek do not contain confidential information.
Documents of interest
Your trade mark application can generate a range of documents including:
- the application
- examination correspondence between the applicant and trade mark examiner
- reminder notices
- other documents.
Such documents are generally sent from the applicant to the Registrar and also in response from the registrar.
Other people may also be interested in seeing your documents. This might be because they are considering whether to oppose a trade mark or they are interested in information that will help them get their own trade mark application registered.
Documents held in confidence
To protect confidential information, the registrar will accept in confidence:
- documents that solely contain evidence of use of a trade mark or proposed use of a trade mark
- declarations accompanying requests for extensions of time
- declarations accompanying requests for expedited examination
- all opposition documents filed in the course of opposition proceedings except for notices of opposition.
Documents and information not held in confidence
Documents not held in confidence include:
- applications for registration
- responses to examination reports
- assignment documents
- notice of opposition
- applications for expedited examination
- applications for extensions of time.
Information that will not be held in confidence, regardless of what type of document it is contained in, includes:
- names and addresses of trade mark applicants
- names and business addresses of declarants
- details of a declarant's office or position, or length of service within a firm, company or business
- declarant's signature
- details of witnesses to a declaration
- examples of past marketing activities that have been made publicly known (e.g. example newspaper or internet advertisements)
- the year or years in which goods or services were sold or advertised under the trade mark.
Claims that information in these documents is confidential will not be accepted or acknowledged by the registrar.
Last Updated: 23/11/2013