After filing the application, it will be placed in a queue to be allocated to an examiner who will assess its registrability against the Trade Marks Act 1995 (Cth). A report will be issued which will highlight any issues preventing acceptance, such as descriptiveness issues or the presence of prior filed marks that are substantially identical or deceptively similar to the application.
If an adverse report is received, we provide the client with detailed advice on how to best proceed to maximise the opportunity for success. Strategies employed to overcome objections may include filing legal submissions, amending the class specifications, obtaining letters of consent from third parties, filing oppositions or non-use actions, or filing evidence of use. Often a variety of strategies are adopted to respond to the objection.
It generally takes about four months from the lodgement date for examination to occur, unless an expedited request is granted.