Trademark Adverse Report

What do I do if I receive a trade mark adverse report from IP Australia?

Author: Ian Aldridge, Progressive Legal

Have you received an adverse report after filing your trade mark application with IP Australia? Have you been confused as to how to deal with the trade mark adverse report?

On this page, we’ll cover all you need to know about a trade mark adverse report and the next steps you can take to overcome any objections to your trade mark application.

What is a trade mark adverse report?

Once your trade mark application is filed, it then runs through an examination process by IP Australia.

If the examiner is of the view that there are grounds for rejecting your application, you will receive an Adverse Report.

The most common objections raised are:

• Your trade mark conflicts with a trade mark already on the trade mark register; and/or
• Your trade mark is too descriptive of the goods or services you are offering

You usually have 15 months from the date of the Adverse Report to overcome those objections for your application to be accepted and quite often, there are options to overcome the objections so don’t write off your application just yet. You can read more about trade mark infringment here.

We have a lot of experience dealing with IP Australia examiners and overcoming objections. Feel free to get in touch with us and we’ll give you our advice as to the options, prospects of success and costs for dealing with those objections. All you have to do is make an enquiry below.

Can I apply for an extension of time to overcome the objections in the report?

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.

We understand that sometimes 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.  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.

Progressive Legal – Expert advice in dealing with a trade mark adverse report

Don’t let an adverse report from IP Australia derail your trademark application. At Progressive Legal, we specialise in overcoming objections and working with IP Australia examiners.

Our experienced team of trade mark lawyers will guide you through the process, explore options, and assess the chances of success. If you’ve received an adverse report or need an extension of time, reach out to us for expert advice. Contact us on 1800 820 083 or make an enquiry below to ensure the success of your trade mark application.

Need Trade Mark Help?

Please get in touch with us today via phone or the contact form on this page.

1800 820 083