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.

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.

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.

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.

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!

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.

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 freereview@markster.com.au.

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.

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.

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 freereview@markster.com.au.

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 freereview@markster.com.au.

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.

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.

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 freereview@markster.com.au.

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.

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.

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.

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.