What is TM Headstart

TM Headstart is a fast, simple service to assess the registrability of your proposed trade mark.

The TM Headstart Service provides an online application service that can help you determine the suitability of your proposed trade mark for registration.

Using the service can help you to solve problems in meeting the requirements for registration of your trade mark.

TM Headstart does not cater for:

non-traditional trade marks and special kinds of signs (colour, shape, scent, sound)
defensive, certification or collective trade marks
series trade marks
divisional applications

Benefits

TM Headstart can provide you with an early assessment of the registrability of your trade mark. When you submit a request form and pay a fee, you will be contacted within five working days to discuss the results of the assessment. If there are issues with your proposed trade mark we will provide options for you to consider.

The service will help you to quickly identify any barriers that could prevent you from registering your proposed trade mark.

However, there is no guarantee that using the service will result in your trade mark being accepted for registration.

This is a simple and fast service to assess the registrability of your proposed trade mark and is only available online.

Differences between the standard application process and TM Headstart

	Standard trade mark application	TM Headstart
Date of protection	Should your trade mark proceed to registration, the protection given by registration is taken from the date you filed your trade mark application.	Should your trade mark proceed to registration, the protection given by registration is taken from the date you paid your Part 2 fee.
Time frames	Your trade mark will be examined within approximately two to three months. The earliest your trade mark can be registered is seven and a half months after an application is filed.	Your trade mark will be assessed within five working days. The earliest your trade mark can be registered is seven and a half months after you pay the Part 2 fee.
Amending your trade mark	After you file your application, the goods and services cannot be extended and only very minor amendments are allowed to the trade mark.	TM Headstart allows you to make some modifications to your trade mark and the goods and services covered by your request up to the point where you pay the Part 2 fee (additional fees may apply).
Publication	Details of your trade mark will be published in our online Trade Marks database (ATMOSS) and in the Australian Official Journal of Trade Marks from the date you file your trade mark application.	Only if you decide to pay the Part 2 fee will the details of your trade mark be published in our online Trade Marks database (ATMOSS) and in the Australian Official Journal of Trade Marks.

There are also differences in fees.

TM Headstart is an assessment service - you do not achieve registration from the assessment.
TM Headstart is a fast turnaround service and you need to be available for us to contact you within 5 business days of submitting your request.
The assessment fee is the first of 3 fees (minimum) you will need to pay to register your trade mark. The fees paid are 'per class' and include an initial 'TM Headstart Request' fee, and a 'TM Headstart Part 2' fee to convert your request into an application. A further registration fee is paid on any trade mark application to complete the registration process.
TM Headstart is a pre assessment and does not provide a faster or cheaper path to trade mark registration.

IP Australia and TM Headstart cannot:

provide legal advice
check if you are infringing on another trader's common law rights
tell you how your business can make the best strategic use of your trade mark
tell you whether the goods and services you have selected give the best coverage for your business
provide you with strategies for protecting your trade mark and enforcing protection

If you need this kind of advice you should speak to a registered trade marks attorney or IP professional.

Additionally, IP Australia and TM Headstart cannot:

refund your TM Headstart entry fee if your request is unsuccessful or if the Part 2 fee (ie the fee to convert your TM Headstart request into a trade mark application) is not paid by 11.59pm (Canberra time) on the discontinuation date
refund your Part 2 fee if a similar trade mark is found in the top-up search or at a later date

There are some trade marks that are excluded from TM Headstart. These can only be submitted through a standard trade mark application.
Excluded marks include:

special kinds of signs / non-traditional trade marks
series trade marks
certification trade marks
defensive trade marks
divisional applications

We strongly encourage you to read all the information available in relation to TM Headstart prior to submitting your request.

Last Updated: 11/12/2012

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