Trade marks service level commitments

Product quality standard tier 1

Product quality standards that relate to substantive matters which would adversely affect (or have the potential to affect) the validity of the intellectual property (IP) right:

  • a correct search and research strategy is adopted
  • all relevant grounds for rejection are correctly taken.

Acceptable quality level:  93.5 per cent of cases conforming to the product quality standards.

Product quality standard tier 2

Product quality standards that relate to matters which would require a considerable amount of rework and/or inconvenience to the applicant or IP Australia:

  • all objections are taken
  • reports are free of invalid objections
  • reports are comprehensive and informative.

Acceptable quality level: 90 per cent of cases conforming to the product quality standards.

Product quality standard tier 3

Product quality standards that relate to matters which are important in terms of overall perception of the quality of the product:

  • written formalities are complete and correct.

Acceptable quality level: 85 per cent of cases conforming to the product quality standards.

Registration and examination standard

  • 85% of TM Headstart requests will be responded to within five working days of their submission.
  • 85% trade mark applications will be examined and issued with a report within 13 weeks of receiving the application.
  • 85% of correspondence relating to the examination of your application will be issued within 20 working days of correspondence.
  • 85% of trade marks will be registered within 10 working days after the opposition period has expired if no one has opposed the application and all applicable fees have been paid.

Hearing decision standard

  • 85% of decisions will be issued within 13 weeks of being heard, unless we receive further submissions or evidence.