What’s An Adverse Report Issued by IP Australia?

You have carefully filled out the trademark application form, ensured that your proposed trademark is unique and paid the fees. But that isn’t an assurance that your trademark application will be approved by IP Australia. You may still get an adverse report even with your carefully planned steps!

The Adverse Report in a Nutshell

Keep in mind that an adverse report is issued if your proposed trademark isn’t in order for acceptance. It isn’t the end of the road for your trademark but the start of its registration if you act on it properly and promptly.

Basically, an adverse report provides the reasons for the rejection of your proposed trademark and the ways in which it can be improved on for successful registration. Your proposed trademark isn’t being completely rejected.

The reasons for rejection include:

• Your trademark doesn’t give a full description your products and/or services.
• Your trademark contains words and phrases commonly used by other traders or are likely to be used by other traders. This is called over-description.
• Your trademark can be confused with other existing registered trademarks or bear significant similarities.
• Your trademark has a generic term that cannot be registered due to its common occurrence.

You must take a fresh look at your proposed trademark based on the examiner’s ground for rejection. You will likely see that, indeed, it has significant similarities to other trademarks or it uses generic, overly used and common words or phrases. Think of it as a lesson in paying attention to detail.

The Proper Response to an Adverse Report

But it isn’t usually enough to take a closer look at your trademark. You’re well-advised to seek professional assistance from an experienced trademark practitioner. You can respond to an adverse report on your own, of course, but it’s best to seek professional help.

You may have to execute an affidavit and gather documentary evidence to support your contention that the trademark meets the registration requirements. This is where the professional trademark expert will come in.

Your affidavit may contain most, if not all, of these information.

• The trademark’s existing and intended use
• The length of time said trademark has been used
• The ways that said trademark is different and distinct from other trademarks

You can also refute the grounds for rejection stated in the adverse report on your affidavit. You will increase your chances for a registration after an adverse report with the help of a trademark expert in writing your affidavit. You should always do the rebuttal in writing, regardless of its length, since it’s on public record.

Your application will be subject to reconsideration once you’ve submitted your affidavit. Again, it isn’t an assurance that your application will be approved so be prepared for another rejection. This can happen if the additional evidence you submitted was deemed insufficient by the examiner.

If you need to get professional help, please contact us for free consulation. We are a Hong Kong Patent Application Grant authorised patent agent and offer international trademark application.

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and

Hong Kong Trademark Application & Related Services

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