When you register a trade mark with IP Australia, there is a specific process to follow. The process comes with a number of deadlines, so in some cases, you may wish to request an extension of time. 

In this article, we’ll go through your options and how you can request an extension of time with IP Australia. 

What Is An Extension Of Time For Acceptance?

If you register a trade mark and IP Australia finds problems with your application, then they will issue you with an adverse examination report. This usually outlines the reasons why your application was rejected (for example, if they didn’t meet the legislative requirements) and steps you can take to overcome these obstacles. 

To tackle the issues found in your trade mark application, you’ll need to make submissions or written proposals. These, of course, come with a deadline. 

In the case of an adverse report, you must provide your response within 15 months. 

If your business is having trouble meeting these deadlines, or you need additional time to gather the relevant submissions, you may request an Extension of Time of Acceptance

You can apply for this extension of time under section 224 of the Trade Marks Act 1995

Reasons For An Adverse Report

An adverse report is usually provided where your trade mark application was not accepted, and it outlines the reasons for this. 

For example, a trade mark application could have been rejected for the following reasons:

  • Not distinct enough – a trade mark will generally not be accepted if it is not capable of being memorable or distinguished in your market
  • Generic words – trade marks should not include words that are too generic as it would be unfair to other businesses who want to freely use that term
  • Similar trade marks – if your trade mark is deemed too similar to an existing one, it’s likely to not go ahead

How Do I Apply For An Extension Of Time For Acceptance?

If you want to apply for an extension of time to respond to the first adverse report, you’ll need to do this with IP Australia. 

There are also certain fees you need to pay. For example, the Extension of Time after 15-21 months costs $100 per month (however, keep in mind that these can change, so be sure to check with IP Australia). 

The extension of time granted will also need to include additional time for the opposition period and processing time. 

How Can I Request An Extension Of Time For Acceptance?

Requesting an extension of time with IP Australia means you’ll need to submit the correct application, pay the relevant fees and ensure all your details and submissions are accurate. 

This can be an overwhelming process, so it’s best to speak to a lawyer who can guide you through your options. 

At Sprintlaw, we offer an Extension of Time for Acceptance package which includes:

  • Filing an application for an Extension of Time of Acceptance at IP Australia
  • Complementary phone consultations with a Sprintlaw lawyer who will take your instructions

If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

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