If it’s your first time to submit a trademark application to IP Australia, you should be prepared for a rejection via an adverse report. Keep in mind that rejections are common because proposed trademarks will likely have errors. These errors can include significant similarity to existing trademarks and the use of generic words, phrases and even images.
But getting an adverse report doesn’t mean the end of the road for your trademark. You will be provided with sufficient time to respond to it. Your response can include an affidavit containing documentary evidence about your use of the trademark and its uniqueness.
What’s the Response Period?
You shouldn’t panic once you receive an adverse report because you won’t be pressed for time. In fact, you have 15 months to forward your response to acceptance! The time starts from the issuance date shown on the adverse report.
But a speedy action on the adverse report is also a must! This is because the 15-month time frame spans two periods, namely, the time of your response to the report and the time in which the panel of examiners deliberated on your response.
If you think about it, 15 months can be too short for many reasons. IP Australia has a stockpile of trademark applications and adverse reports responses to tackle. If you submit your response at the last minute, your trademark application will likely lapse.
The bottom line: Don’t panic when you receive an adverse report because you have time to respond to it. But don’t dilly-dally about it either as the 15-month period will pass by like a flash.
What Can be Done in Case of a Lapse?
But there are instances when you may be unable to respond to an adverse report promptly. It still isn’t the end of the road for your trademark since you can file for an extension wherein you should state valid reasons for it.
If your request for extension has been approved, you will have your trademark application reinstated. It’s as if your lapse has been forgiven, so to speak.
But don’t be complacent about it! Keep in mind that there are fees incurred when requesting for time extensions. There’s also the risk that your reasons for requesting it may not be favourable in the eyes of the examiners.
The bottom line again: Be as prompt in your response! You will not only save money but your trademark application can be approved sooner.
Do you want a more effective and efficient processing for your trademark application? You should consider the Headstart process! If you want to further facilitate it, you should ask for the assistance of an expert trademark professional.
While hiring said expert means more money, it also means getting your trademark application correct and complete the first time around – or at least, it has higher chances than if you filed it on your own.
CtR Intellectual Property Co. is a Hong Kong Patent Application Grant authorised patent agent offering PAG agent service, professional trademark and patent application & related services. For details of our international trademark application, please contact us for free consulation.
CtR Intellectual Property Co.
Hong Kong Patent Application Grant Authorised Patent Agent
Offering Professional Patent and
Hong Kong Trademark Application & Related Services