Deferment of a trade mark

A Deferment of Acceptance request must be made before the application lapses (which is 15 months from the date of the first adverse report). There’s no fee to request deferment.  Although, if you are close to the 15 month deadline, you may need to file an extension of time and pay extension fees.

Why defer a trade mark application?

You may request to defer your trade mark application pending the outcome of any conflicting trade marks.

For example, if a conflicting trade mark has expired, but renewal is still possible, you can defer the acceptance of your application, until you see if the renewal fee is paid on the conflicting mark.  If the renewal fee is not paid in the 6 month grace period, the conflicting mark will be removed from the register thereby allowing your application to proceed.

If you have received an adverse report, it’s best to get legal advice specific to your trade mark application, so please get in touch.