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  • What is a trademark examination report?
    A trademark examination report is a document issued by IP Australia after reviewing your trademark application. A trademark examination report details the findings of the examination process, including any reasons why your trademark may not meet the registration requirements. Common issues highlighted in the report can include conflicts with existing trademarks, descriptiveness of the trademark, or other grounds for objection. The trademark examination report gives you an opportunity to respond to the issues raised. You may need to provide arguments or make amendments to overcome the objections, or you might choose to contest the findings. The trademark examination report will specify a deadline by which you must respond. If you successfully address the concerns within the given timeframe your trademark will proceed to the next stage of the registration process. If not, your trademark application may be rejected. Understanding and responding effectively to an examination report is crucial for the progress of your trademark registration. To ensure you have the best chance of overcoming the trademark examination report and navigating the examination process, you should seek advice from a trademark lawyer. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • Why did I receive a trademark examination report? Isn't my trademark application straightforward?
    It's not uncommon to receive a trademark examination report, even if you believe your trademark application is straightforward. IP Australia reviews each trademark application to ensure it meets the trademark registration requirements and doesn't infringe on existing trademark registrations. Receiving a trademark examination report doesn't mean your trademark application can't be accepted. It simply points out areas of concern or potential conflicts that need to be addressed before your trademark will be accepted. Some objections are easy to overcome - others require the assistance of a trademark lawyer. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • How long do I have to address the issues in the trademark examination report, and what happens if I don't?
    In Australia you have 15 months to overcome the issues outlined in your trademark examination report. If you don't address the issues within this period, your trademark application will be rejected, and you may lose the rights to that specific trademark. Not responding in time could also lead to financial costs, as you might need to refile the trademark application or start the process over. It's essential to act promptly and consider seeking expert guidance to ensure the best outcome for your trademark registration. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • Can I get an extension of time to respond to a trademark examination report?
    In Australia, once you receive a trademark examination report for your trademark 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 of time. There are usually fees associated with extension of time requests, and you may need to provide a valid reason for needing the extra time. Please note that extended extensions of time 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 trademark application being rejected. This would mean you'd need to begin the application process again if you still wish to pursue the trademark leading to more costs and effort. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • Can I respond to a trademark examination report myself or should I seek help?
    While it's possible to address the issues in your trademark examination report on your own, navigating the complexities of trademark law can be challenging. Mistakes or oversights in the response can lead to delays or the ultimate rejection of your application. Seeking assistance from trademark lawyers 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 trademark 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 trademark examination report?
    Absolutely. We specialise in helping businesses that have received a trademark examination report. Our team has the expertise to analyse your report, understand the objections raised against your trademark application, and create a strategy to address these issues to move your trademark application forward. Get in touch today!
  • Can you review my trademark examination report for free?
    Yes! We offer a free review of your trademark examination report in which we'll set out the options available to you, any costs involved and the likelihood of success. The initial review of your trademark examination report is free, so you can understand your options before making any further time or financial commitment. Get in touch for your free trademark examination report review.
  • I've already tried addressing the trademark examination report on my own and didn't succeed. Can you still help me?
    Yes. It's not uncommon for trademark applicants to initially attempt to address examination report concerns on their own. However, the nuances of trademark 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 trademark examination report to help you understand your options, the likelihood of success and potential costs. 2. Leverage Expertise: With our expertise in Australian trademark 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 trademark 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 trademark examination process. Many successful trademark registrations faced initial challenges. With the right expertise and approach it's entirely possible to turn things around and secure trademark protection for your brand. We've helped many businesses overcome their examination report, get their trademark registered and secure their brand. Get in touch today to see if we can help you too.
  • Can you guarantee my trademark application will be accepted?
    Trademark examination is a subjective process, so no one can provide a 100% guarantee of success. However, having a trademark lawyer on your side can significantly increase your chance of successfully overcoming a trademark examination report. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • How much does it cost to get help with my trademark examination report?
    We believe every business should be able to easily and affordably secure their brand with a trademark registration. That's why we offer expert trademark 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 trademark issues. We offer a free review of your trademark examination report in which we'll set out the options available to you, the cost of each option and the likelihood of success. The initial review of your trademark examination report is free, so you can understand what your options are before making any financial commitment. Get in touch today!
  • 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. Get in touch today!
  • What happens if my trademark application is rejected?
    If your trade mark application is rejected there may be several consequences: 1. Loss of Protection: The primary consequence is that you may lose protection for that specific trademark. Without a registered trademark, you may face challenges enforcing your rights or taking action against potential infringers. 2. Financial Implications: When you made your trademark application, you would have incurred trademark application fees, which are typically non-refundable. If you decide to reapply, you'll need to pay the associated trademark fees again. 3. Time Investment: The time spent on the initial trademark application will be lost, and you will need to start the trademark 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 trademark, these might need to be postponed or altered. 5. Rebranding Costs: In some cases, if the trademark 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 your trademark examination report and seek professional guidance from a trademark lawyer to maximise the chances of a successful trademark registration. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • What if I disagree with the findings in the trademark examination report?
    If you disagree with the findings in the trademark examination report you have the right to present counter-arguments or provide additional evidence to support your trademark application: 1. Counter-Arguments: You can present a well-reasoned response that addresses each point raised in the trademark examination report. You should explain why you believe the findings are not accurate or applicable in your case. 2. Provide Additional Evidence: In some instances, submitting 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 trademark examiner and clarify any misunderstandings. 4. Seek Expert Advice: Consider consulting with a trademark lawyer. A trademark lawyer's experience and understanding of the nuances of trademark law can provide valuable insights and strategies to effectively challenge the objections to your trademark application. 5. Alternative Solutions: If certain aspects of your trademark 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 trademark remains protected. Remember, IP Australia's aim is to ensure that all registered trademark applications meet specific criteria and don't infringe on existing trademarks. If you genuinely believe that your trademark meets these criteria it's worth pursuing and defending your application. It's essential to respond to your examination report with a well-prepared response, backed by relevant evidence and legal precedents in order to successfully overcome the objections raised by IP Australia. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • What if my trademark application can't be saved?
    Issues raised in an a trademark examination report can often be overcome. If you are able to overcome the issues raised in your trademark examination report, then your trademark will progress to the next stage of the trademark application process. However, sometimes a trademark application faces objections that cannot be overcome. If this is the case your trademark application will lapse. We can help you determine whether your trademark application can be saved and how to save it. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved. If we review your trademark examination report and we do not think your trademark application can be saved, we'll help you to understand the issues so that you can avoid making the same mistake in the future. Get in touch today!
  • Will the process to overcome my trademark examination report be complicated?
    Not at all. We'll guide you through each step of dealing with the issues in your trademark examination report. We'll make sure you never feel uninformed or unsure about what to do next. Get in touch today!
  • How long does it take for my trademark application to be accepted?
    The time taken to resolve issues from a trademark examination report and get your trademark registered 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 IP Australia. 2. Timeliness of Your Response: The sooner you address and submit your response to the examination report, the quicker IP Australia can continue their review. 3. IP Australia Review Time: After submitting your response, IP Australia might take several weeks to months to review it, depending on their current workload and the nature of the objection. 4. Possible Further Actions: In some cases, even after addressing the initial concerns, there might be additional clarifications or objections raised by IP Australia. This can extend the time frame. 5. External Factors: Things like public opposition to your trademark application or the need for additional documentation or evidence can introduce delays. It may take anywhere from a few months to over a year to overcome all issues raised in your examination report and for your trademark to be registered. However, working with a trademark lawyer can streamline this process and reduce the time frame by ensuring any response to your examination report is comprehensive and meets all IP Australia's requirements. If you need help with your trademark examination report please get in touch. We offer free reviews of examination reports in which we set out your options, the likelihood of success and the costs involved.
  • Why should I choose Markster to help me with my trademark examination report?
    Dealing with trademark examination reports can be complex and time-consuming. Choosing Markster to assist with your trademark examination report offers several advantages: 1. Expertise: Markster has a team of professional trademark lawyers experienced in dealing with IP Australia and understanding the nuances of trademark law. This expertise means we can accurately interpret the examination report's objections and provide you with informed advice on the best course of action. 2. Strategic Response Planning: We specialise in developing effective strategies to address the issues raised in examination reports. Whether it involves arguing against objections, amending your application, or providing additional evidence, we tailor our approach to enhance the likelihood of your trademark's registration. 3. Efficient Communication: Our team ensures clear and efficient communication with IP Australia on your behalf. This includes responding to the examination report within the given timeframe and keeping you informed throughout the process. 4. Comprehensive Support: Beyond just responding to your examination report, Markster offers comprehensive support for all your trademark needs. From conducting thorough searches before application to advising on protecting and enforcing your trademark rights, we're with you every step of the way. 5. Proactive Monitoring: After your trademark is registered, Markster can provide ongoing monitoring services to detect potential infringements, ensuring your trademark remains protected. 6. Cost-Effective Solutions: We understand the importance of budgeting for small and medium-sized businesses. Markster offers competitive pricing for our services, ensuring you receive expert support at a reasonable price. Choosing Markster means partnering with a dedicated team committed to navigating the complexities of trademark registration and ensuring your brand is protected. If you need help with your examination report, get in touch today!
  • How do I know Markster will do a good job at responding to my examination report?
    Here’s why you can trust us to help you effectively respond to your examination report: 1. Expertise in Trademark Law: Our team's in-depth knowledge of Australian trademark law ensures that we understand the intricacies of examination reports and how to address them. Our trademark lawyers stay updated with the latest legal developments to provide you with the most effective strategies. 2. Experience with IP Australia: We have extensive experience interacting with IP Australia, giving us valuable insight into what the examination process entails and how to navigate it successfully. This experience allows us to tailor our responses effectively to meet the specific requirements of IP Australia. 3. Tailored Strategies: We recognise that every examination report is unique. Our approach involves carefully analysing the specifics of your report, understanding your business and brand, and crafting a response that addresses the objections raised. 4. Successful Track Record: Our history of successfully helping clients overcome examination report objections speaks to our capability. We have worked across various industries and dealt with a wide range of issues, from simple to complex, building a track record of success. 5. Clear Communication: We believe in maintaining open lines of communication with our clients. From the outset, we'll explain the examination report findings in straightforward language, discuss your options, and keep you informed throughout the response process. 6. Commitment to Client Success: At Markster, your success is our priority. We are committed to providing personalised service and going the extra mile to ensure your trademark is protected. We understand the importance of trademarks to your business and are dedicated to securing your rights. 7. Positive Feedback: Our reputation is built on positive outcomes and client satisfaction. We encourage you to read what some of our clients have to say about their experience working with Markster. Choosing Markster to handle your examination report means partnering with a team that combines legal expertise, strategic thinking, and a commitment to achieving the best possible outcome for your trademark application. Get in touch today!

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Our team has over 18 years of experience helping businesses secure their brand.

“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.”

James Grafton

Owner of Champion Health

"We had a trade mark infringement upon our brand for ten years.  Within four weeks of engaging Kate, we had a resolution to the problem and no longer have an infringement of our trade mark. I cannot recommend Markster highly enough.”

Jacine Greenwood

CEO and Founder of Roccoco Botanicals

“I would strongly recommend Markster! Kate educated me about brand protection, was patient and made me feel confident that I was making good decisions. The whole process was easy and straightforward”

Holly Brailsford

CEO & Co-founder, Brancher

Ready to be our next success story?

“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.”

James Grafton

Owner, Champion Health

"We had a trade mark infringement upon our brand for ten years.  Within four weeks of engaging Markster, we had a resolution to the problem and no longer have an infringement of our trade mark. I cannot recommend Markster highly enough.”

Jacine Greenwood

CEO and Founder, Roccoco Botanicals

“I would strongly recommend Markster! The team at Markster educated me about brand protection, was patient and made me feel confident that I was making good decisions. The whole process was easy and straightforward”

Holly Brailsford

CEO & Co-founder, Brancher

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