Ex parte hearings

Ex parte hearings are hearings where only one party is involved (compared with other types of hearings such as oppositions).

One common type of ex parte hearing occurs when an applicant whose trade mark application has not been accepted during the examination process requests to be heard on the matter.  This typically occurs when the applicant has first attempted without success to address the examiner’s reasons for not accepting the application, and still believes the application should be accepted.

Ex parte hearings also take place when a trade mark applicant seeks to be heard concerning the proposed revocation of acceptance of their trade mark, and for other proceedural matters.

Being heard means that the applicant has the opportunity to make oral and/or written submissions and to present evidence to a hearing officer, who is a senior officer with considerable experience and expertise and who has not been previously involved in examination of the application. After the applicant has been heard, the hearing officer will in due course decide to accept or reject the application. The hearing officer’s decision may be appealed to the Federal Court or Federal Circuit Court.

If your application is accepted following a hearing, this will be advertised and other parties will then have the opportunity to oppose registration.

Applying for an ex parte hearing

To apply for an ex part hearing, you need to submit an application for a hearing form via through our online services, accompanied by the relevant fee.

Last updated: 
9 September 2016