Generally, a trade mark applicant is given 15 months after the issuing of an adverse examination report to submit any evidence or make any amendments to overcome the objections raised in said examination report.
Sometimes, however, time flies and the final date for acceptance lapses (that is, the deadline to respond to the examination report passes).
However, you can apply for an extension of time to obtain more time to try overcome any objections raised and progress the trade mark to registration.
To make an extension of time, you will need to submit the approved IP Australia form which you can see here. For each month you wish to extend the application, you need to pay a fee of $100.
Generally, if you apply for an extension of time within the 6 months immediately following the trade mark’s final date for acceptance, IP Australia will grant the extension.
However, if more than 21 months have passed since the first examination report was submitted, you will need to submit a declaration setting out the reasons for the delay and why the extension should be granted.
It is important to note that any evidence or correspondence provided to IP Australia to overcome any objections raised in the examination report needs to be submitted at least 20 days before the trade mark’s final date for acceptance.
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