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Trade Marks TM Headstart How Long?
How long?
Lodging online saves time
You only need a few minutes to complete and submit online with TM Headstart.
From there, it takes 5 working days to find out if your trade mark may be suitable
for registration.
However you should do some preliminary reading, searching and collecting of
information before submitting a TM Headstart request. If you are not using a
legal representative you can avoid common mistakes by reading information on
the IP Australia website.
Step 1
You should read and understand the information relating to the TM Headstart
service including the information contained in our disclaimer.
Step 2 - complete and submit your form
Work through the form completing all required fields. You can use the "I" tab to help you if you are unsure. Use the goods and services pick-list to nominate your goods and services in their right classes. The form will then calculate the fee based on the number of classes you have chosen. You need to pay this fee online by Visa, Amex or MasterCard before your form can be processed.
Click here for more information about classes
of goods and services. This link will take you away from the TM Headstart pages.
Step 3 - wait for your assessment
We'll assess your trade mark against registrability criteria including a check against other marks on the Trade Marks Register. We'll then phone you within 5 working days to let you know the outcome. You will also receive a written report via email confirming the results. If we can't reach you by phone, we'll email you the report and you'll have 5 working days to respond. You will need to read the report carefully as it provides important information regarding your request.
You can make some minor changes to your trade mark, but if your change requires a new assessment you'll have to pay another fee.
Step 4 - make your mark
Want to make it official? If you decide to convert your TM Headstart request
to a trade mark application you'll need to pay the Part 2 fee of $90 per class
of goods/services to begin the standard application process.
Details you provide in your application (including your proposed mark) will be made publicly available through the Trade Marks search engine ATMOSS only after the Part 2 fee is paid. This information will also be advertised in the Australian Official Journal of Trade Marks.
Even if successful, your trade mark cannot be registered until 7 ½ months from the date you pay the Part 2 fee. This allows for overseas convention claims and the statutory opposition period. During this waiting period your trade mark has the status of 'accepted'. Once the waiting period has finished, and if there is no opposition and the appropriate fees have been paid, the status will move to 'registered'.
Click here
to see how the TM Headstart process works. (PDF)
Click here
for an example of a TM Headstart request.(PDF)
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