IP Australia underwent a large technology upgrade for trade marks, taking place from Friday 9 to Tuesday 13 November 2018 (AEDT). Whilst most of the changes were to our internal systems, there were some changes for our customers.
The technology upgrade included the largest ever data migration in IP Australia’s history with hundreds of millions of records migrated to a new system. If you happen to notice any data anomalies, please contact us so we can address the anomaly as soon as possible.
Trade mark opposition matters
Following the upgrade, some customers will experience minor delays in the office processing of trade mark opposition matters. Parties should be prepared for delays in the processing of Statements of Grounds and Particulars and Extensions of Time to file Notices of Intention to Oppose.
IP Australia is working hard to ensure that opposition matters proceed as efficiently as possible, and thanks its customers for their patience in this transition. If you have any queries, please contact us.
We have increased the level of granularity and quality of information available about trade mark opposition matters and removal applications for non-use in Australian Trade Mark Search. A new view into oppositions is now available and improves the level of oppositions information beyond what has been available historically.
Time frames for receiving ‘Notices of filing’ for new trade mark applications
The time between submitting a new application and receiving the Notice of filing has been significantly improved. Notices of filing will be issued within 24 hours of lodgement.
Changes to amending new applications
Customers will no longer be able to amend new applications prior to the status changing to ‘published’ as the processing is immediate. This status will be updated on Australian Trade Mark Search within 24 hours.
There is still the option for an amendment to the trade mark after publication under either Section 65 (amendment does not substantially affect the identity of the trade mark or extend the rights) or Section 65A (amendment does substantially affect the identity of the trade mark, or extend the rights).
Trade mark correspondence
Correspondence codes and descriptions will be changing. Details of the new correspondence and relationship to previous correspondence are available to assist with these changes.
Trade mark previous correspondence
The new trade mark correspondence provides more notices around the lifecycle changes for trade marks, including a ‘lapse’ notification and a ‘cease’ notification.
IP Australia's Attorney Codes will no longer be used. To allow Attorney Code holders to continue lodging a single request to amend their managed IP rights, a new feature has been added to eServices. This feature allows Attorney Code holders' eServices account legal name and address details to be copied on to the IP rights they are representing. All current Attorney Code holders will have this feature by default. Customers who do not have an attorney code can have this arranged by lodging an amendment request.
As part of our initiative to streamline the delivery of correspondence, TM Headstart reports will be issued via eServices. A notification from eServices will be emailed to you (overnight) letting you know you have electronic correspondence available in eServices. You will still need to respond to the report within five days of the date of your results report.
Australian Trade Mark Search
A new version of Australian Trade Mark Search was rolled out on 18 November. Visually it appears much the same, however there are some minor adjustments to the way we display data and some more significant changes (highlighted below) that may impact some of your practices.
- Statuses changing to better reflect the current lifecycle of trade marks
- Endorsements becoming “Other Trade Mark Information”
- Some additional dates being provided
- Prescribed & Prohibited (records beginning with a -9) becoming “Regulated Signs”
- Searchable ABN
- Transliteration indexing terms
- “Kind” of marks, changes and additions
- History information
Details of the changes to Australian Trade Mark Search are now available.
Updates to Australian Trade Mark Search
Some information about IP Australia’s trade mark data in Australian Trade Mark Search:
- The definition of the last trade mark to be indexed on Australian Trade Mark Search has been corrected. The definition now indicates that the number of the last trade mark to be indexed does not take unpublished trade marks into account. Please be aware that the publication of previously unpublished trade marks affected the sequencing of this number in January 2019.
- Events in the History & Publications area of a trade mark that relate to incoming correspondence may be dated later than the actual receipt date of that correspondence. For example, the date of the Application Received event in the History & Publications area may be later than the day the trade mark application was received. We are working to resolve this inconsistency. The authoritative reference for dates, such as the Filing Date of a trade mark, is within the Dates area of the detailed view of a trade mark.
The Australian Official Journal of Trade Marks
The Australian Official Journal of Trade Marks (Journal) is now available through Australia Trade Mark Search.
Journals published since the technology upgrade (12 November 2018) are now searchable by publication type and date. Publications are now on a daily cycle, rather than weekly.
Full information about the publication events for a trade mark is available within the History and Publications section of the trade mark’s details page. These details include a snapshot of the trade mark at the time of each publication event.
PDFs containing publication events are available to download and will be published daily.
Journals published before 12 November 2018 are still available.
Trade mark bulk data
As a result of the upgrade, there will be some changes to the trade mark bulk data product. For details of the changes, visit the bulk data page.
Changes in eServices for trade marks
The eServices menu for trade marks has changed to allow customers to navigate through the system with more ease by offering a simplified view when selecting various service requests.
To make it easier to access high volume forms when managing IP Rights the general eServices request menu has been moved to a more prominent position under General Trade Mark Services.
By clicking on Respond to an Examiner’s Report or Update an Owner Name/Address from the new menu, customers will now be given simplified options and more information to assist them selecting the correct form.
The existing trade mark PDF forms will be replaced with web-based forms. These enhancements enable pre-emptive text and remove the need to manually enter details when completing the forms. The ability to attach static forms has been removed, replacing them with structured forms that will be pre-populated with customer information. These changes will lead to more consistent customer information, improved data quality and faster response times by IP Australia.
The following trade mark forms will be amended:
- Respond to an Examiner’s Report
- Update an Owner Name/Address
- Change the Agent or Main Contact Details
- Change Ownership
- Extension of Time for Acceptance
- Extension of Time (Other)
Need more help?
This page will be updated in the lead up to the upgrade as more information becomes available. If you have any queries regarding the system enhancements mentioned above, please contact us.