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 is important to remember:
- TM Headstart (pre-application service) is a fast turnaround service and you need to be available for us to contact you within 5 business days of submitting your request.
- TM Headstart (pre-application service) is an assessment service - you do not achieve registration from the assessment.
- The assessment fee is the first of three fees (minimum) you will need to pay to achieve registration of your trade mark.
- TM Headstart (pre-application service) does not provide a faster or cheaper path to trade mark registration.
IP Australia and TM Headstart (pre-application service) cannot:
- Provide legal advice.
- Check if you are infringing on another trader's common law rights.
- Tell you how your business can make the best strategic use of your trade mark.
- Tell you whether the goods and services you have selected give the best coverage for your business.
- Provide you with strategies for protecting your trade mark and enforcing protection.
If you need this kind of advice you should speak to a registered trade marks attorney or IP professional.
Additionally, IP Australia and TM Headstart (pre-application service) cannot:
- Refund your TM Headstart (pre-application service) entry fee if your request is unsuccessful or if the Part 2 fee (ie the fee to convert your TM Headstart (pre-application service) request into a trade mark application) is not paid by 11.59pm (Canberra time) on the discontinuation date.
- Refund your Part 2 fee if a similar trade mark is found in the top-up search or at a later date.
- There are some trade marks that are excluded from TM Headstart (pre-application service). These can only be submitted through a standard trade mark application. They are:
- special kinds of signs / non-traditional trade marks
- series trade marks
- certification trade marks
- defensive trade marks
- divisional applications.
We strongly encourage you to read all the information available in relation to TM Headstart (pre-application service), including the Trade mark FAQ's and TM Headstart (pre-application service) FAQ's prior to submitting your TM Headstart request (pre-application service).
The personal information you provide to us in a TM Headstart (pre-application service) request will not be disclosed outside of IP Australia unless you choose to progress your application by paying the Part 2 fee. If you pay this fee your TM Headstart (pre-application service) request will convert to a standard TM application. We are required under the Trade Marks Act 1995 to collect and publish certain information about TM applications, including personal information such as the name and address of the applicant/s. This information is published in the Australian Official Journal of Trade Marks, the Register of Trade Marks and in databases in Australia and elsewhere.
Once published, this information is available over the Internet or paper copies can be purchased from us. You may choose to use a post office box as your address if you have concerns about your residential address being published.
For further information about our handling of your personal information, read IP our Privacy Statement.