03 Jan Why IP Australia’s Trade Mark Headstart is brilliant
The Headstart application process picks up potential objections by IP Australia and allows us to amend the application so that likely objections fall away.
The Headstart Application process that IP Australia offers is fantastic. It’s an absolute no-brainer decision when it comes to applying for a Trade Mark. Check out the five key reasons below.
5 key reasons to use the IP Australia Headstart Application
1. You obtain a report within 5 business days only (as opposed to months). It picks up whether there is likely to be an issue with the proposed trade mark. Whereas it used to take up to 3 months before the mark was even examined, IP Australia has released this fabulous system to speed up the initial assessment to give people this information faster. The report allows you to consider any likely oppositions by IP Australia or other Trade Mark users.
2. This early assessment allows you to cure any potential defects prior to lodging the formal application. Afterwards it is impossible to amend in any significant way.
3. It’s completely confidential and no-one will see your proposed Trade Mark until you are ready to file. You can also discuss these issues with the assessing officer after you receive the report to see what the options are to cure any defects or even discuss the likelihood of overcoming any objections.
4. This quick turnaround gives the modern fast-paced entrepreneur more comfort in using their business name / logo / slogan in the marketplace and not having to wait months before the normal application is assessed. Instead of spending all the money (and time) on marketing, graphic design, securing all the social media etc – only to find out you can’t use the name and have to go through a rebrand! In addition, you may even be infringing someone else’s brand without knowing. And you may encounter legal proceedings to stop trading altogether!
5. If there are no oppositions in the report, you’re pretty safe to say that there won’t be any issues with the mark. Unless someone takes an objection to it or something changes in the 3 month period prior to advertisement in the official journal. That is, it gives you a lot more confidence to go out there in the market. Not wondering whether or not you’re infringing someone else’s IP.
At Progressive Legal, we’ve had loads of clients now make invaluable use of the Headstart application process. They have picked up potential objections by IP Australia. It allows us to amend applications so that likely objections fall away and we can obtain consent from other Trade Mark owners quickly. Therefore our clients can have the comfort that they will be able to use the Trade Marks. Moreover, it prevents others from using the same or similar and confusing the market.
In addition to this there have also been many, many cases where using the Headstart application from IP Australia has saved a client from going ahead with their full Trade Mark application.
Knowing in advance that doing so and using certain assets e.g. business names could then infringe other business’ intellectual property has enabled the clients to change tack and save themselves the headaches of having to go through costly rebrands or even destructive litigation.
Contact us today if you require any assistance with filing your trade mark application.
(c) Progressive Legal Pty Ltd – All legal rights reserved (2019)
- 03 January, 2020
- 09 December, 2019
- 27 November, 2019
Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.