Provisional Refusals in Australia

See also trade mark protection for Australians

Unlike many other jurisdictions, provisional refusals in Australia (examination reports or office actions):

  • set a deadline to overcome Examiner’s objections – NOT a response deadline; and
  • within this deadline, there may be multiple rounds of examination without additional official fees.

Trademark applications must pass the examination and be accepted (allowed) within 15 months of the first report. The 15-month period is extendible by up to six months if requested before the deadline.

During the examination, absolute and relative grounds are assessed.

Australian Examiners are easily contactable and often receptive to a telephone call. If a deadline is imminent, Australian Examiners are always helpful and responsive. We have often succeeded with an application at a very late stage, based on late client instructions.

Accepted applications are advertised (published) promptly. The official advertisement opens a three-month window for opposition to registration. In the absence of formal opposition, registration occurs soon after.