The time between the submission of a trademark application and the trademark registration can take seven months – and that’s the minimum! While seven months seems like a long time, keep in mind that IP Australia handles thousands of intellectual property (IP) rights applications. These include trademarks, patents and designs as well as plant breeders’ rights, not to mention other IP-related work.
But there’s good news: IP Australia has its TM Headstart program! Here’s what you need to know about it.
It’s a Public Service
Headstart is essentially a public service that provides a quick turnaround assessment for trademark applications. It provides applicants with an indication about the suitability for registration of their proposed trademarks. It’s also a good way of determining possible registration issues with the proposed trademarks before their applications are filed.
Both do-it-yourself trademark applicants and professional trademark experts acting in behalf of their clients can use Headstart. We suggest using it, too, whether you’re acting on your own or you have legal representation. At the very least, you will be able to eliminate possible issues and, thus, increase your chances of getting trademark registration.
It Isn’t a Guarantee
But using Headstart isn’t a guarantee that your trademark application will be completely error-free and your trademark will be registered. Take note that it will only identify possible barriers related to your proposed trademark but it isn’t a seal of approval.
You may also be provided with options in resolving possible trademark issues by the examiners. But the examiners will stop there as they aren’t allowed to provide advice on your best course of action.
It Isn’t Free
Every action undertaken in connection with your trademark application has its corresponding fee, from acceptance to amendment. This is also true for the Headstart service, a two-part process with each stage requiring fees. Also, any amendment may have an additional fee.
You will receive an assessment report only when you’ve paid the Part 1 fee. You will also be provided with the option of formally filing your application. If you choose to continue, you have to pay the Part 2 fee after which you will be informed of a filing date.
Take note that the Headstart process isn’t for slowpokes! You will only be given a 5-day timeframe in considering your options. If you fail to take the appropriate action on time, your assessment will be discontinued.
If you need to get professional help for the Australia trademark application, please contact us for free consulation. We are a Hong Kong Patent Application Grant authorised patent agent and offer international trademark registration.
CtR Intellectual Property Co.
Hong Kong Patent Application Grant Authorised Patent Agent
Offering Professional Patent and Trademark Application & Related Services