We’re experiencing delays in general examination of trade marks and TM Headstart assessments. We apologise for any inconvenience. For a status update, please refer to our trade marks response times.
It usually takes at least three to four months to examine your trade mark application once it has been submitted.
If your trade mark application is accepted we will notify you in writing via online services.
Your trade mark will then be advertised as 'accepted' and be open to opposition for a period of two months. During this time a third party can challenge your trade mark registration for a number of reasons. For example, if they think it’s too similar to their own. If this happens you may be required to pay court fees to defend your registration. This can be costly so you could consider taking out insurance to help you cover these costs. Trade Mark Protect, a pilot program, is a tailored defence insurance product designed for this purpose.
After two months, if there are no oppositions or reasons to revoke the trade mark and any required fees are paid, your trade mark will be registered.
If you get an adverse examination report, you have 15 months from the date of the report to overcome the issues raised and try to get your application accepted. This means you have 15 months to respond and have the examiner consider your response/s. Please allow the examiner at least 20 business days to consider your response.
Your response could result in acceptance of the application. However, if matters remain outstanding, you may receive another adverse report. It is in your interests to submit any response as early as possible to allow enough time to meet the requirements. If you are unable to address and overcome these matters, your application may not be accepted or registered.
If your application lapses for failing to respond to the report in the 15-month period, you can apply for an extension of time under section 224 of the Trade Marks Act 1995 to have your application reinstated. There are fees for applying for an extension of time.