Australia (AU)

As Office of a Designated Contracting Party

Request for extension of protection

The Office republishes notifications of international registration, subsequent designation or renewal received from the International Bureau.

Examination Procedure

Absolute and relative grounds.

Opposition Procedure

Ex officio provisional refusal and a refusal based on opposition.
Grounds for issuing a provisional refusal: see objections under sections 39 to 44 of the Trademark Act as well as provisions of Part 17A of the Regulations.
Refusal based on opposition: see Part 60.4.17 and Part 51 of the Trademark Office Manual of Practice and Procedures

Time Limit for Responding to Provisional Refusal

No period is specified for initial response, but a period of fifteen months is allowed for examination procedures to be finalized (extendable for further six months).

Administrative and judicial remedies in case of refusal issued by the Office

Ex officio provisional refusal and response to opposition can be addressed through administrative and/or judicial remedies available in Australia.
The Federal Court hears appeals against decisions of the Registrar. Information on other administrative appeal procedures available at: Trade Marks Office Manual of Practice and Procedure, Part 52.5

Last updated on: October 10, 2016