Deferment of a Trade Mark

Author: Ian Aldridge, Progressive Legal

Are you facing hurdles in getting your trade mark accepted? At Progressive Legal, we offer comprehensive trade mark services designed to protect your valuable intellectual property.

One effective solution we provide is the deferment of trade mark acceptance, which can help you navigate through potential obstacles and secure your trade mark successfully.

On this page, we’ll explore the benefits of deferring your trade mark application and guide you through the process.

What are the Reasons to Request Deferment?

Pending Conflicting Trademark Application

If there’s a conflicting trade mark application raised against your own, it’s crucial to act strategically. By deferring the acceptance of your trade mark, you can wait for the resolution of the pending application, ensuring a fair assessment of your own trademark.

Non-Use Removal Request

You have the option to file a non-use removal request at IP Australia for the conflicting trademark. Deferring your trademark acceptance allows you time to gather the necessary evidence and present a compelling case.

Establishing Honest Concurrent or Prior Use

In some cases, you may need to demonstrate honest concurrent or prior use of your trade mark. Deferment gives you the opportunity to gather supporting documentation and establish the validity and uniqueness of your mark.

Obtaining a Letter of Consent

If you’re in the process of obtaining a letter of consent from the owner of the conflicting trade mark, deferring acceptance gives you the time needed to secure this crucial document. A letter of consent can significantly increase the chances of your trade mark being accepted.

Grace Period for Expired Trade Marks

If the conflicting trademark has a status of ‘expired – renewal possible,’ there is a 6-month grace period during which the owner can renew it. By deferring acceptance, you can monitor the renewal status. If the conflicting mark is not renewed within this period, it will be removed from the register, paving the way for your trademark to proceed unimpeded.

Court Actions Pending

In situations where a court action is pending regarding the conflicting trade mark, deferring your trademark acceptance is a wise move. By waiting for the court decision, you can ensure that your trade mark application is not negatively impacted by ongoing legal proceedings.

The Deferment Process

To request deferment of acceptance, you must submit a formal request before your trademark application lapses. This request should be made within 15 months from the date of the first adverse report.

The best part? There are no fees associated with this request. However, if you’re approaching the 15-month deadline, you may need to file an extension of time and pay the corresponding fees to keep your application active.

For more information relating to adverse reports click here.

Why Defer Your Trade Mark Application?

Deferment offers numerous advantages for safeguarding your business’s trade marks. By deferring acceptance, you can:

1. Maintain Flexibility: Deferring your trade mark acceptance allows you to adapt your strategy based on the resolution of conflicting trade marks.
2. Maximise Protection: By deferring acceptance, you increase the chances of successfully overcoming any obstacles and securing your trade mark registration.
3. Save Time and Resources: Obtaining legal advice specific to your trade mark application is crucial when faced with an adverse report. Our experienced team at Progressive Legal can provide tailored guidance to ensure a smooth and successful process.

The Key Takeaway

When it comes to protecting your business’s intellectual property, deferring the acceptance of your trade mark can be a smart decision.

By exploring the reasons to request deferment, understanding the process, and seeking professional legal advice, you can effectively navigate through any challenges and ensure the successful registration of your trademark.

Don’t hesitate to get in touch with us to discuss your trade mark application and receive expert guidance from our experienced team of trade mark lawyers. Simply make an enquiry below or call us on 1800 820 083. 

Need Trade Mark Application Help?

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