Trade Marks (Filing Documents and Evidence­ Opposition) Direction


Trade Marks Regulations 1995. 26 Jun 2014

Part 1 - Preliminary

1 Name of direction

This direction is the Trade Marks (Filing Documents and Evidence-Opposition) Direction 2014.

2 Commencement

This direction commences on 14 July 2014.

3 Authority

This direction is made under the Trade Marks Regulations 1995.

4 Revocation

This direction revokes any previous directions made by the Registrar under the Trade Marks Regulations 1995 in relation to the filing of documents or evidence for oppositions.

5 Definitions

In this direction:

Objective Connect means the electronic document management system known as Objective Connect.

Note: IP Australia provides access to Objective Connect.

Regulations means the Trade Marks Regulations 1995.

Part 2 - Form and means for filing documents

6 Form for filing documents-electronic filing using Objective Connect

  1. For paragraphs 5.3(1)(b), 9.3(1)(b), 17A.30(1)(b) and 17A.48A(1)(b) of the Regulations, this section sets out the form in which a document is to be filed if it is filed electronically using Objective Connect.
  1. The document is to be in one or more of the following electronic formats:
  1. JPEG;
  2. MP3;
  3. MPEG;
  4. PDF;
  5. PNG;
  6. (f) Text;
  7. TIFF;
  8. Word;
  9. XML.
  1. The document is to be given a title in the following form:
  1. for evidence in support-"Part/balance evidence in support" or "All evidence in support";
  2. for evidence in answer-"Part/balance evidence in answer" or "All evidence in answer'';
  3. for evidence in reply-"Part/balance evidence in reply" or "All evidence in reply";
  4. for a summary of submissions for oral hearing-"Summary of submissions for oral hearing" followed by a description of the party filing the summary;
  5. for a summary of written submissions-"Summary of written submissions" followed by a description of the party filing the summary;
  6. (f) for a document that has been produced under the Registrar's discretion under section 202-"Produced document" followed by a brief description of the document being produced;
  7. for information available to the Registrar under regulation 21.19-"Available information" followed by a brief description of the information; and for oppositions commenced before 15 April2013:
  8. for further evidence-"Further evidence";
  9. for further evidence in response-"Further evidence in response".

Example 1: For paragraph (b)-All evidence in answer. Example 2: For paragraph (c)-All evidence in reply Part 1.

Example 3: For paragraph (e)-Summary of written submissions-opponent.

  1. If a document exceeds 1 GB in size:
  1. it is to be provided in more than one file, with each file less than 1 GB; and
  2. the title for each file is to:
  1. be in the form mentioned in subsection (3); and
  2. briefly identify which part of the document is contained in the file. Example: All evidence in answer-Jones declaration Part 1.

7 Form for filing evidence describing articles other than documents

  1. This section applies to evidence that describes an article other than a document if the article is not being filed.
  2. For paragraphs 5.3(1)(b), 9.3(1)(b), 17A.30(1)(b) and 17A.48A(1)(b) of .the Regulations, the evidence is to be in the form of a declaration that:
  1. describes the article; and
  2. attaches a photograph or video recording of the article as an exhibit to the declaration.

Note 1: A declaration must be in the approved form: see regulation 21.6 of the Regulations.

Note 2: Section 6 sets out additional requirements relating to the form of the evidence if it is a document filed using Objective Connect.

8 Means for filing documents and evidence

Certain documents, and evidence in the form of a document

  1. For paragraphs 5.3(1)(c). 9.3(1)(c), 17A.30(1)(c) and 17A.48A(1)(c) of the Regulations, a document mentioned in subsection (2), or evidence in the form of a document, is to be filed using:

  2. Objective Connect; or
  3. if it is not practicable to file the document or evidence using Objective Connect-a means approved in writing, for the document or evidence, by the Registrar.
  4. For subsection (1), the documents are the following:
  5. a covering letter for evidence;
  6. evidence in support;
  7. evidence in answer;
  8. evidence in reply;
  9. a summary of submissions for an oral hearing;
  10. a summary of written submissions ;
  11. a covering letter for a summary of submissions for an oral hearing;
  12. a covering letter for a summary of written submissions ; and for oppositions commenced before 15 April 2013:
  13. further evidence;
  14. 0) further evidence in response.

    Other documents

    1. For paragraphs 5.3(1)(c), 9.3(1)(c), 17A.30(1)(c) and 17A.48A(1)(c) of the Regulations, any other document may be filed by:

    2. using the electronic system known as eServices channel maintained by IP Australia; or

    3. using the Alternate Lodgement Service maintained by IP Australia; or
    4. using IP Australia's emergency facsimile service; or
    5. delivering it to the Trade Marks Office either personally or by post.
    6. 6 Form for filing documents-electronic  filing using Objective Connect

      Note 1: For paragraph (a), the eServices channel could in 2014 be accessed.

      Note 2: For paragraph (b), the Alternate Lodgement Service is a secondary eServices function accessed that can be invoked during outages of eServices.

      Note 3: For paragraph (c), the IP Australia's emergency facsimile service may only be used under the conditions set out.

      You can view a signed copy of this direction:

  • Trade Marks (Filing Documents and Evidence-Opposition) Direction