Slow off the mark | TM timing

Trade Mark timingPhoto by Nareeta Martin on Unsplash

On 6 January 2020 IP Australia issued a public notice that it is experiencing a significant increase in the number of trade mark application filings. As a result, there are currently delays in the examination of trade marks.

IP Australia is currently processing applications with filing dates of (or close to) as follows:

Domestic                                     August 2019

International Non-Madrid           August 2019

Madrid                                         September 2019

Requested Expedited                 December 2019

Converted TM Headstart           December 2019

These figures are correct as of 6 January 2020.

Given these delays, it worthwhile considering filing a request forExpedited examination.  In particular, it is possible to expedite examination by filing a request and supporting declaration.  Common reasons include:

  • the applicant being in real fear that their trade mark is being infringed or may be infringed;
  • the applicant has invested in advertising and/or manufacture and requires registration of their trade mark at the earliest date possible so as to put their investment in as little risk as possible;
  • the applicant wishes to file overseas.

Please contact us with any queries on trade mark timing, the impact on filing strategies and requests for expedited examination.

Further reading
New Zealand TradeMark changes
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Beware the Textile Trolls
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