ARTICLE
13 January 2021

Fast-tracking trade mark registrability in Australia

MP
Madderns Patent & Trade Mark Attorneys

Contributor

Madderns is a leading privately-owned Patent and Trade Mark Attorney firm based in Adelaide, providing specialized intellectual property services in Australia and internationally for over 50 years. Their experienced team, including experts with PhD qualifications, works closely with clients to protect their brands and technologies. Serving a diverse client base, Madderns offers strategic advice on patents, trade marks, designs, and domain names to ensure the long-term success of their clients' intellectual property assets in various markets.
It is now possible to "test the water" by first filing an application through IP Australia's fast-track headstart system.
Australia Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.

"Headstart" trade mark applications are assessed within 5-10 days. Instead of filing a standard trade mark application and then waiting 6 or 7 months to find out if there are any problems, it is possible to "test the water" by first filing an application through IP Australia's fast-track headstart system.

Five to 10 days after filing the application (and sometimes even sooner) a Trade Mark Examiner issues a headstart report listing any objections that are likely to be raised during formal examination. The Trade Mark Applicant then has a further five days to decide their next step. The options are either to (1) formally file the application or (2) abandon the application.

Once a headstart application has been formally filed, the details of the application are made publicly available on the Australian Trade Marks Register and the application proceeds through formal examination (nb. the details of abandoned headstart applications are never made public). The objections mentioned in the headstart report are likely to be raised during formal examination, and it's at that time that the Trade Mark Applicant has the opportunity to respond.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More