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.

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