{"id":4669,"date":"2021-06-15T14:42:17","date_gmt":"2021-06-15T04:42:17","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4669"},"modified":"2021-06-24T13:55:52","modified_gmt":"2021-06-24T03:55:52","slug":"trade-mark-registration-lapsed","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/renewal\/trade-mark-registration-lapsed\/","title":{"rendered":"How to Find Out if a Trade Mark Registration Has Lapsed"},"content":{"rendered":"\n

The process of registering a trade mark may seem complicated at first, especially considering the different deadlines during the application process. Missing a deadline could mean that your trade mark application lapses, and you may have to reapply for trade mark protection. This article outlines the deadlines involved in the trade mark application process and any potential notifications you may receive throughout this process, to help prevent you from being unaware that your trade mark application has lapsed.<\/p>\n\n\n\n

After You Have Submitted Your Application <\/h2>\n\n\n\n

Once you submit your application<\/a> for a registered trade mark, IP Australia will examine your application. This process usually takes three to four months from the date that you submitted your application. However, this depends on the volume of applications that IP Australia must assess at any given time.<\/p>\n\n\n\n

Once IP Australia has reviewed your application, they will notify you in writing or via online services. If IP Australia accepts your application, they will advertise your trade mark as ‘accepted’ on the Register.<\/p>\n\n\n\n

Once Your Trade Mark is Registered<\/h2>\n\n\n\n

Within the first two months of having your trade mark registered, a third party can file a notice of intention to oppose your application. This can occur in a number of instances, mostly where a third party believes that they own a similar trade mark to the trade mark you have applied for. If you wish to defend the opposition, you then have one month from the date you receive the notice of opposition to file your intention to defend your application. <\/p>\n\n\n\n

Defending an opposition can be a complex process with different evidentiary requirements. Therefore, it is wise to seek legal advice in the instance where you receive a notice of intention to oppose.<\/p>\n\n\n\n

However, if you do not receive a notice of opposition within two months of your trade mark application’s acceptance, IP Australia will register your trade mark. Australian trade mark law protects your trade mark for 10 years from its filing date.<\/p><\/blockquote>\n\n\n\n

Receiving an Adverse Examination      <\/h2>\n\n\n\n

If your trade mark application does not meet the legislative requirements for trade mark registration, you will receive an adverse examination report. This will arrive after the three to four months IP Australia usually takes to review your application. This report will outline: <\/p>\n\n\n\n