After you submit your Trademark Application, it will be inspected by IP Australia to decide if it fulfils and meets all the requirements of the Trade Marks Act 1995. If your trademark application does not meet the pre-requisites of the Act, IP Australia will send out an Adverse Examination Report. There may be various reasons for receiving an Adverse Examination Report, for example, entering an inaccurate details of the applicant, or error in description of classes. One of the most common reasons that trademark application do not pass the examination stage is because of its indistinguishable similarity with another mark.
If you receive an Adverse Examination Report, you need to:
Read the examination report
One important thing to keep in mind is that a trademark application is inspected by one of IP Australia’s trademark examiners and the report is discretionary and subjective. You may not concur with the content of the adverse examination report however it for the most part gives a very decent sign of why your trademark didn’t succeed through the assessment stage and what steps you need to take accordingly in order to be successful.
Use the Trademark
An adverse examination report doesn’t flag the stopping point for your trademark application, it just implies that there is an extra obstacle to hop over. Unless if your trademark infringes on an enlisted or registered trademark, you can and should keep on utilising that trademark. You ought to likewise be gathering proof about your utilisation of the mark so when the opportunity arrives to react to IP Australia, you can introduce proof that goodwill and value has been created in this trademark.
Seek Advice
Seek assistance from an IP professional. The IP expert will be able to clarify the contents of the adverse examination report, recommend a few strategies about what to do straightaway and help you with reacting to IP Australia when required.
To speak to our Trademark Specialist, contact our team today!
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