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Trade Marks TM Headstart More Questions?
More Questions?
Who uses TM Headstart?
TM Headstart is ideal for first time users who want to protect their trade mark, but don't have much knowledge of the trade mark registration process. Many users may have previously filed another trade mark application, but want to check if a new trade mark can be registered. The personalised service offered by TM Headstart appeals to everyone.
Does TM Headstart deal with all types of trade marks?
No. TM Headstart does not cater for:
- special kinds of signs / non-traditional trade marks (ie. colour, shape, scent, sound)
- defensive, certification or collective trade marks
- series trade marks
- divisional applications
If your trade mark falls into one of these categories you'll need to file an application through the standard trade mark application system.
Click here to file a standard trade mark application. Please note, this link will take you away from the TM Headstart pages.
What are the fees for TM Headstart?
The TM Headstart entry fee is $90 per class of goods or services. This fee must be paid online using a credit card at the time of submitting your request. If after your request has been assessed you decide to convert to a trade mark application you'll then need to pay the part 2 fee of $90 per class of goods or services. This can be paid online or over the phone. There may also be fees for amending your request during the TM Headstart process.
Why do I need to choose goods or services?
Trade marks are registered in respect of particular goods or services. So when submitting a TM Headstart request, you need to specify which goods or services you are using your trade mark in relation to (ie. what goods you are making or what services you are providing to your customers). When deciding this it might be useful to consider how your business makes its money.
The fee is per class of goods or services. What does this mean? How
do I know how many classes I need?
All goods and services are grouped into 45 different classes using an international
classification system. Classes 1 to 34 are for goods and classes 35 to 45 are
for services. Once you have an idea of the goods or services you want, the online
form will help you to identify what class they fall into by using the goods and services pick-list and how many classes
you need.
What is the goods and services pick-list?
The pick-list is an extensive list of goods and services that you can select from. Simply type the term you are interested in (eg. fruit) into the box on the form and the pick-list will provide you with a list of options to choose from.
You can select as many items as you wish from the pick-list, but remember that the fees are calculated per class of goods or services rather than per item.
See figure 1 below. If trade mark protection is required for cutlery, type
the word cutlery into the box titled Search all classes for
and click the search button. You will automatically be shown
all correctly classified terms that contain the word cutlery.
In this scenario a number of items in classes 8, 10, 21, and 43 were selected and the accept button was clicked to produce figure 2.
If required, more goods and services can be selected by repeating the procedure as described above.
Once you have selected the items you want they will be displayed on the form
under their relevant class number. If you decide that you don't want to include
an item simply select remove and the item will be deleted from
your request.
Figure 1
Figure 2.
Do I have to use the pick-list?
Yes. You can only make a TM Headstart request using the goods and services pick-list.
Can I amend the goods and services once I have submitted the TM Headstart request?
Yes, amendments can be made once the TM Headstart request has been submitted, but additional fees may be required.
You can choose to delete goods or services from your TM Headstart request at any time, but fees won't be refunded once the TM Headstart request has been submitted.
As this is a fast turnaround service it is unlikely that we will be able to make extensive changes to your goods and services. It is important therefore that you carefully select all the goods and/or services of interest to you at the time of submitting your request.
What if I can't find what I'm looking for on the pick-list?
If you can't find your goods or services on the pick-list try using a different word with the same meaning. For example, you won't find apparel on the pick list, but you will find clothing.
Alternatively, try looking for a broader, more general term that covers the goods or services you are interested in. For example, if you search for frozen pumpkin you won't find it, but you will find frozen vegetables.
How do I attach my logo to the form?
If your trade mark is a logo or contains a logo, you need to use the option a logo(s) or word(s) with logo. This is at step 3 of the online form generated from 'Make it happen'. On the next screen click on the browse button and navigate to where the image is stored on your computer. Select the file and then click on the button attach image to file. You can then continue to step 4.
Information is provided on the ‘Make it happen’ page regarding the type of image files that can be attached to your form.
Can I save a TM Headstart request?
Yes. Select the Save for next time button. A pop-up window will then appear where you need to click on the save button.
The next step is to specify the location on your computer where you want to save the document. Use the drop-down menu to select the appropriate drive on your computer. By clicking in the file name box you can specify a name that meets your requirements. Once this is done select the save key and the document will be saved on your computer.
How do I retrieve a previously saved document?
Just click on the retrieve saved request link. The process is the same as described above, only in reverse order.
Can I amend the trade mark?
Yes, but if the amendment requires us to undertake another assessment then an amendment fee of $90 per class of goods or services will be payable.
Can I amend my trade mark or my goods and services once I have paid
the part 2 fee?
Payment of the part 2 fee converts your TM Headstart request to a trade mark application and the details of your TM Headstart request are then published on the Trade Mark Register (usually on the same day). Once the details of a trade mark application have been published you can't make any changes that will substantially affect the identity of your trade mark or broaden the scope of your goods or services. It's important therefore to ensure all your details are correct before paying the part 2 fee.
Will my entry fee be refunded if I don't pay the part 2 fee in time?
No. The fee you pay at the time of submitting your TM Headstart request is for the assessment of your trade mark.
If I use TM Headstart will I get a positive result?
Not necessarily. TM Headstart assesses the registrability of your trade mark under the Trade Marks Act 1995. If the examiner considers your trade mark would face problems under the Act they will raise these with you when they contact you to discuss the assessment of your request.
If I don’t get a positive result can I provide submissions or request amendments to overcome the issues raised?
The examiner will discuss options that may be available to you to overcome the problems raised in their assessment of your trade mark. Some of the options such as minor amendments to the goods/services can be actioned prior to payment of the part 2 fee. If the amendments are substantial and/or complicated such as deleting a large number of goods/services or restricting the goods/services in a particular way these can only be discussed broadly during the TM Headstart process.
Additionally, as the mark has not yet been filed as a trade mark it is not possible to consider submissions or evidence. These can only be considered following payment of the part 2 fee.
If I don't get a positive result will my entry fee be refunded?
No. Once the assessment of your trade mark has been completed it is not possible to refund the fee.
Do I get a refund of my part 2 fee if my application is not successful?
No. The part 2 fee is to convert your TM Headstart request to a trade mark application. This fee is non-refundable.
After I am phoned with the results of the assessment when do I need to pay the part 2 fee?
The part 2 fee needs to be paid by 11.59pm Canberra, Australia time on the day stated on your Results Report. After this time your TM Headstart request will discontinue and cannot be revived.
How long is the result of the assessment valid for?
The result of the assessment of your TM Headstart request is only valid on the day you receive it. This is because the Trade Mark Register is constantly being updated with new trade marks and old or unwanted trade marks being removed. There are also changes in office practice or legislation from time to time that could affect the outcome.
Will the details of my TM Headstart request remain confidential?
TM Headstart requests remain confidential until you pay the part 2 fee. However when you pay the part 2 fee and convert the TM Headstart request to an application, the details are published on the Trade Mark Register, and in the Australian Official Journal of Trade Marks, including your name and address.
If I decide to pay the part 2 fee do I need to request expedited examination?
No. Within two weeks of paying your part 2 fee your application will be examined. It will be either accepted for registration or you'll be sent a report detailing any problems your application is facing.
What is a top-up search?
A top-up search of the trade marks database is done approximately 10 working days after the part 2 fee is paid.
The top up search is done to locate any similar trade marks which were filed around the same time that you lodged your TM Headstart request, but were not yet showing on the trade marks database.
If my trade mark is accepted how long will it take for it to be registered?
By using TM Headstart your trade mark may be accepted quickly. However, the earliest
your trade mark can proceed to registration is at least 7.5 months after you
have paid the part 2 fee. This is due to the normal time allowed for the application
process and the opposition period.
Details of the application process can be found here.
If my trade mark is registered, from what date does my protection start?
Your protection will start from the date the part 2 fee was paid as that is the date you formally filed a trade mark application. A TM Headstart request is not a trade mark application, so the date you filed your TM Headstart request is not relevant.
How is my TM Headstart request affected by trade mark applications from
overseas?
We have agreements with other countries that allow overseas trade mark applicants to claim the date they filed in their country as their filing date in Australia. This date may be earlier than the date you completed the filing process.
To meet our international obligations, and to make sure of your rights, we will not register your trade mark until it is certain that there are no similar overseas applications filed in Australia later than your application that are claiming an earlier convention priority date.
For more information about international trade mark registration, click here.
Can registration of my trade mark be opposed by anyone?
Once you have paid the part 2 fee your TM Headstart request is converted to a trade mark application. Any trade mark application that is accepted for registration can be opposed by another party.
Find out more information about the trade mark opposition processes.
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