Is an examination report blocking your trade mark application?
If you don't deal with it, your trade mark application will be rejected.
Without a registered trade mark, you don't own the exclusive rights to your brand.
Not securing your brand can lead to:
Loss of revenue
Damage to your reputation
An expensive legal mess
Don't put your business at risk!
We can help you get your trade mark registered.
Why choose Markster:
Our track record speaks for itself. We've helped many businesses overcome objections raised in their examination reports and successfully secure their trade marks.
Having an expert on your side can significantly increase your likelihood of success.
Greater chance of success
Our team is experienced in handling examination reports and dealing with IP Australia.
We provide effective strategies for a successful outcome and help you secure your brand.
Secure your brand
Our advice is clear and easy to understand.
We guide you through every stage of the process so you never feel uninformed or unsure about what to do next.
Receive clear advice
Responding to an examination report can be complicated and time-consuming. As experts in the field, we take care of the challenging parts for you, freeing up your time and saving yourself the headache.
Save yourself the headache
Experience a high quality service at an affordable fixed price. You'll understand exactly what you're paying for and there are no hidden charges.
Affordable fixed fee service
We provide fast response times so that you secure your brand as soon as possible.
Fast response times
trade mark applications were filed in Australia last year.
Someone registering a similar trade mark to you can result in serious consequences for your business.
Who's looking out for yours?
Our team has over 18 years of experience helping businesses like yours secure their brand.
We know how challenging it can be to receive an examination report that blocks your trade mark application. Now there's a hurdle you have to overcome to protect your brand.
But you're not alone - we've successfully assisted many businesses to resolve the issues in their examination reports, resulting in their trade marks being registered.
“Markster created long term security for our growing business brand and IP. If you want peace of mind that people can't steal your name or IP then let Markster sort it all out for you.”
Owner of Champion Health
"I cannot recommend Markster highly enough.”
CEO and Founder of Roccoco Botanicals
“I would strongly recommend Markster! Kate educated me, was patient and made me feel confident that I was making good decisions. The whole process was easy and straightforward”
CEO & Co-founder, Brancher
Secure your brand in 3 easy steps:
Submit your report
Upload your examination report to our website here.
We'll assess your report for free, providing a clear outline of your options and the likelihood of your trade mark being accepted.
Review your options
If you decide to move forward, we’ll develop a personalised strategy to respond to the issues raised in your examination report.
With our guidance and clear, easy-to-understand advice, you'll always feel well-informed and confident about the next steps.
Relax - let us handle it
With our expert guidance and assistance, we'll help you overcome the hurdles blocking your trade mark application.
Experience peace of mind knowing your trade mark application is in the hands of experienced professionals.
Ready to start?
Get a free review of your examination report today.
You need a registered trade mark to secure your brand.
At Markster, we know you're working hard to build your business. It's essential to protect what you've built by securing your brand.
In order to do that effectively, you need a registered trade mark.
But receiving an examination report means that your trade mark application is blocked.
If you've received an examination report, you might be unsure about what to do next, who you can speak to, or how much it will cost. There's now another thing on your to-do list.
No business owner should feel like this. We believe it should be quick, easy and affordable to secure your brand with a registered trade mark.
That's why we help businesses like yours secure their brand by offering expert assistance at an affordable price.
Here's how it works:
If you need to know how to access your examination report, we can help with that too! Click here.
We'll let you know what your options are and the likelihood of success (before you invest any more time and money).
2. If you decide to move forward, we'll create a personalised strategy to secure your brand.
3. Relax - let us take care of securing your brand. With our expert guidance and assistance, we'll help you overcome the hurdles blocking your trade mark application, putting you one step closer to protecting your business.
So, what are you waiting for?
Don't let your trade mark application lapse and leave your brand unprotected.
If your brand is not exclusively owned by you, it can result in serious consequences for your business.
Protect what you've built and secure your brand today!
Why choose us?
Our advice and instructions are clear and easy to understand.
We guide you through every step of the way making the process easy, and giving you a clear indication of the expected timeframe.
And we only charge fixed fees, guaranteeing you price certainty upfront (with no hidden fees).
What is an examination report?An examination report is a document you receive after submitting a trade mark application. It's prepared by the trade mark office (in Australia that's IP Australia) and details their initial assessment of your application. Specifically, the report highlights any issues or concerns that might prevent your trade mark from being registered. This could be due to potential conflicts with existing trade marks, concerns about the descriptiveness of the trade mark, or any other issues that don't align with the trade mark registration criteria. The examination report will indicate what you need to address or amend to ensure your trade mark has the best chance of successful registration.
Why did I receive an examination report? Isn't my trade mark application straightforward?It's not uncommon to receive an examination report, even if you believe your trade mark application is straightforward. IP Australia meticulously reviews every trade mark application to ensure it meets the necessary criteria and doesn't infringe on existing trade marks. Receiving an examination report doesn't mean your application is rejected. It simply points out areas of concern or potential conflicts that need to be addressed before your trade mark can be accepted.
How long do I have to address the issues in the examination report, and what happens if I don't?In Australia you have 15 months to address the issues outlined in your examination report and provide a response. If you don't address the issues within this period, your trade mark application will be rejected, and you may lose the rights to that specific trade mark. Not responding in time could also lead to financial costs, as you might need to refile the application or start the process over. It's essential to act promptly and consider seeking expert guidance to ensure the best outcome for your trade mark registration.
Can I get an extension of time?In Australia, once you receive an examination report for your trade mark application, you have 15 months to address the issues raised: If, for any reason, you feel that you might not be able to respond within the 15-month period, you can request an extension. There are usually fees associated with extension requests, and it's crucial to provide a valid reason for needing the extra time. Please note that extensions are not guaranteed, and it's a good practice to make your request well before the original deadline. Failing to respond within the 15-month period or any granted extension will result in your trade mark application being rejected. This would mean you'd need to begin the application process again if you still wish to pursue the trade mark, leading to more costs and effort.
Can I handle the issues in the examination report myself or should I seek help?While it's possible to address the issues in the examination report on your own, navigating the complexities of trade mark law can be challenging. Mistakes or oversights in the response can lead to delays or even rejection of your application. Seeking professional assistance ensures that the issues are addressed comprehensively and increases the chances of a successful outcome. At Markster, we are familiar with common concerns raised in examination reports and can craft a robust response that aligns with the requirements of IP Australia. If you're unsure about any aspect of the report, it's always beneficial to consult with a specialist to safeguard your brand's protection. Get in touch today!
Can someone from Markster help me with my examination report?Absolutely! We specialise in helping businesses that have received an examination report. Our team has the expertise to analyse your report, understand the objections raised, and create a strategy to address these issues to move your application forward.
Can you review my examination report before I make any further commitment?Certainly! We offer a free review of your examination report in which we'll set out the options available to you, any costs involved and the likelihood of success (before you invest any more time or money). The initial review of your examination report is free, so you can understand your options before making any further time or financial commitment. For your free review, simply click here or email your report to firstname.lastname@example.org.
I've already tried addressing the examination report on my own and didn't succeed. Can you still help me?Absolutely! It's not uncommon for trade mark applicants to initially attempt to address examination report concerns on their own. However, the nuances of trade mark law and the specificity required in responses can make it a challenging task without specialised knowledge. Here's how we can assist you: 1. Comprehensive Review: We'll start by providing a free review of your examination report to help you understand your options, the likelihood of success and potential costs. 2. Leverage Expertise: With our expertise in Australian trade mark law, we can provide well-articulated arguments, referencing relevant case law or precedents, if necessary. 3. Clear Communication: We will ensure that our response to the examination report is clear, concise, and precisely addresses each concern. This is critical, as clarity can make a significant difference in how your response is received and understood. 4. Guidance Beyond the Report: If further issues arise after our response or if there are additional stages to navigate (like potential oppositions), we'll be there to guide and support you throughout the process. Remember, many successful trade mark registrations have faced initial challenges. With the right expertise and approach, it's entirely possible to turn things around and secure the protection your brand deserves. Let's work together to give your application the best possible chance of success. Get in touch today.
Can you guarantee my trade mark will be accepted?Trade mark examination is a subjective process, so no one can provide a 100% guarantee of success. However, having a trade mark expert on your side can significantly increase your chance of success.
How much does it cost?We believe every business should be able to easily and affordably secure their brand with a registered trade mark. That's why we offer expert trade mark assistance at an affordable price. All our work is completed on a fixed fee basis. This means you'll understand exactly what you're paying for upfront, and there are no hidden charges. The fees will depend on the complexity of your issues. We offer a free review of your examination report in which we'll set out the options available to you, the cost of each option and the likelihood of success (before you invest any more time or money). The initial review of your examination report is free, so you can understand what your options are before making any financial commitment. For your free review, simply upload your report to our website here or email your report to email@example.com.
How will I know if the issues in my examination report are possible to overcome?We've helped many businesses overcome their examination report and get their trade mark accepted. It's likely we've seen the issue that's been raised against your application before, and will know how to solve the problem. We offer a free review of your examination report in which we'll set out the options available to you, any costs involved and the likelihood of success (before you invest any more time or money). For your free review, simply upload your report to our website here or email your report to firstname.lastname@example.org.
What are the potential consequences if my trade mark application gets rejected?If your trade mark application gets rejected, several implications might arise: 1. Loss of Protection: The primary consequence is that you may lose protection for that specific trade mark. Without a registered trade mark, you may face challenges enforcing your rights or taking action against potential infringers. 2. Financial Implications: When you made your trade mark application, you would have incurred application fees, which are typically non-refundable. If you decide to reapply, you'll need to pay the associated fees again. 3. Time Investment: The time spent on the initial application will be lost, and you will need to start the application process from scratch if you decide to reapply. 4. Market Strategy Delays: If you were planning product launches, marketing campaigns, or other business strategies around the trade mark, these might need to be postponed or altered. 5. Rebranding Costs: In some cases, if the trade mark is crucial and cannot be registered, businesses might need to consider rebranding, which can be costly and time-consuming. Given these potential consequences, it's crucial to address the examination report thoroughly and consider seeking professional guidance to maximize the chances of a successful trade mark registration. Get in touch to see if we can help today.
What if I disagree with the findings in the examination report?If you disagree with the findings in the examination report, you have the right to present counter-arguments or provide additional evidence to support your trade mark application: 1. Counter-Arguments: You can present a well-reasoned response that addresses each point raised in the examination report, explaining why you believe the findings are not accurate or applicable in your case. 2. Provide Additional Evidence: In some instances, submitting supplementary evidence can bolster your position. This could be evidence of prior use, supporting documents that clarify any confusion, or third-party declarations. 3. Request a Hearing: If written arguments don't resolve the issue, you have the option to request a hearing. This gives you an opportunity to discuss the objections directly with a trade mark examiner and clarify any misunderstandings. 4. Seek Expert Advice: Consider consulting with a trade mark specialist, such as someone at Markster. Our experience and understanding of the nuances of trade mark law can provide valuable insights and strategies to effectively challenge the examination report's findings. 5. Alternative Solutions: If certain aspects of your trade mark are consistently problematic, consider making minor adjustments or concessions to expedite the registration process. This might not be ideal, but it's a pragmatic approach, especially if the main essence of your trade mark remains protected. Remember, IP Australia's aim is to ensure that all registered trade marks meet specific criteria and don't infringe on existing rights. If you genuinely believe that your trade mark meets these criteria, it's worth pursuing and defending your application. However, it's essential to approach the process with a well-prepared response, backed by relevant evidence and legal precedents, if applicable. Get in touch to see if we can help you today.
What if my trade mark application can't be saved?Issues raised in an examination report can often be overcome. If we are able to overcome the issues raised in your examination report, then we will be able to save your trade mark application. But sometimes trade mark applications can't be saved, as they need to meet certain legal requirements. We can help you determine whether your trade mark application can be saved and how to save it. If we review your examination report and we do not think we'll be able to save your trade mark application, we'll help you to understand the issues with your application so that you can avoid making the same mistake in the future. For your free review, simply upload your report to our website here or email your report to email@example.com.
Will the process be complicated?Not at all. We'll guide you through each step of dealing with the issues in your examination report. We'll make sure you never feel uninformed or unsure about what to do next.
How long does it take for my trade mark to be accepted?The time taken to resolve issues from an examination report and achieve trade mark registration can vary based on several factors: 1. Complexity of Issues: Simple issues might be resolved quickly, while more complex matters can require a more detailed response and potentially multiple rounds of communication with the trade mark office. 2. Timeliness of Your Response: The sooner you address and submit your response to the examination report, the quicker the trade mark office can continue their review. 3. Trade Mark Office Review Time: After submitting your response, the trade mark office might take several weeks to months to review it, depending on their current workload and the nature of the issues. 4. Possible Further Actions: In some cases, even after addressing the initial concerns, there might be additional clarifications or objections raised by the trade mark office. This can extend the time frame. 5. External Factors: Things like public opposition to your trade mark, or the need for additional documentation or evidence, can introduce delays. On average, once the issues in an examination report are addressed, it might take anywhere from a few months to over a year for the trade mark to be registered, considering all potential factors. However, working with a trade mark specialist can streamline the process and potentially reduce the time frame by ensuring the response is comprehensive and meets all the trade mark office's requirements. At Markster, our commitment is to act quickly and efficiently on your behalf. We prioritise fast response times, aiming to help you secure your brand as soon as possible. And we'll always give you a clear indication of the expected timeframe.
Why should I choose Markster to help me with my examination report?Dealing with examination reports can be complex and time-consuming. At Markster, our team of experienced professionals understand the nuances of trade marks and IP Australia's requirements. We provide a straightforward and affordable service to help you navigate this process. We pride ourselves on clear, transparent advice and are committed to help you secure your brand as quickly as possible.
How do I know you'll do a good job?We've helped many businesses overcome their examination reports and secure their brand. Our customers value our clear, easy to understand, commercial advice. Read what some of our customers have to here.
We offer a free review of your examination report. We'll set out an overview of your options, the likelihood of success and the costs involved (before you invest any more time and money).
If you'd then like to move forward, our pricing is simple, predictable and affordable.
We only charge using fixed fees, guaranteeing you price certainty. You'll have clear, upfront information about costs, and there are no hidden fees.
At Markster, we're all about transparency and simplifying the process for you.
Start today with a free review of your examination report. Click here to submit your report.
If you have a trade mark issue, we'd love to hear from you.
Co-founder | Trade mark expert
Kate is an experienced trade mark expert that specialises in providing clear, high-quality, strategic trade mark advice. Kate has managed global trade mark portfolios for some of Australia's biggest companies and advised a range of startups, scale-ups and ASX200 listed companies on trade mark management, protection and enforcement in Australia and international markets.
Co-founder | Trade mark expert
Chris is an expert in strategic trade mark management, enforcement and protection. Chris has designed and implemented numerous complex trade mark protection and prosecution strategies. Chris has assisted some of the biggest brands in Australia and the US with the management of their trade mark portfolio and registration of key brands.
At Markster, we know you care about your business and your brand.
We are trade mark experts with over 18 years of experience helping clients protect their businesses and brands.
We provide expert, personally tailored, fixed-fee trademark services. We specialise in dealing with examination reports, offering expert guidance, interpretation, and strategic action plans to successfully achieve trade mark acceptance for small and medium-sized businesses.
If you have a trade mark issue, we'd love to hear from you.
We can help you secure your brand.
At Markster, we've helped many businesses overcome the objections raised in their examination report and register their trade marks.
Don't leave your brand unprotected.
Get your a free review of your examination report today!
We'll get back to you with a clear outline of your options and the likelihood of your trade mark being accepted (before you invest any more time or money).
If you're not sure how to access your examination report?
Contact us here and we'll send you step by step instructions.