Responding to IP Australia

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O ften people file a trade mark application themselves and then approach trade mark attorneys or trade mark lawyers because they have received an adverse examination report from IP Australia.

Objections arising from examination are common. The types of objections and the ways in which they should be tackled varies and countering an objection requires a detailed knowledge of trade mark law. The three main ways in which objections may be overcome are:

  • submitting legal arguments as to why the mark should indeed be registered; or
  • providing evidence that the mark has been in use for a sufficient time; or
  • altering the goods/services of the trade mark specification.

IP Australia usually allows 15 months from the date of the report in which to get the trade mark application in order for acceptance.

McIntoshIP has a proven record in overcoming objections from IP Australia and can assist in your matter.