Three Tips for Registering Your Trade Mark Fast
Emily Young
The trade mark processing time is inherently long and often complex. If you are looking to register your trade mark fast, this can be particularly frustrating. Therefore, it is essential that you take all steps necessary to reduce the trade mark processing time where possible. To help you reduce the processing time, this article will take you through three tips for registering your trade mark as fast as possible.
1. File a Solid Application
Indeed, it is impossible to speed up the examination process. However, you can make the assessment as easy as possible for the examiner. This can help to reduce unnecessary delays. One of the best ways to do this is to ensure that your initial trade mark application is as close to perfect as possible.
Selecting a strong trade mark is one way to do this, as it will make it easier for the trade mark examiner to process your application. To ensure your trade mark is as strong as possible, you should strictly adhere to the legislative requirements that state your trade mark should be distinctive.
When submitting a trade mark application, you should take extra care to ensure that you fill out the relevant information correctly. While this might seem like a simple suggestion, the smallest of errors can cause future delays.
Another useful way to ensure your application is as accurate as possible is to conduct a thorough trade mark search. A search is essential for ensuring there are no identical or similar trade marks to your proposed trade marks. This can reduce the chances that your trade mark receives any objections from the trade mark examiner or third parties, speeding up the process overall.
2. Obtain a TM Headstart Assessment
Obtaining a TM Headstart assessment is a valuable way to register your trade mark fast. TM Headstart is a pre-application service made available by Australia’s intellectual property office, IP Australia. TM Headstart is a turnaround assessment that will provide you with advice on your application before you publicly file.
While TM Headstart does not guarantee IP Australia will register your trade mark, it can help you identify any potential errors in your application. With the government examination component of the trade mark application process taking about three to four months, having some insight into the likelihood of your success can help speed up the trade mark process.
Although obtaining a TM Headstart assessment is more expensive than skipping straight to a formal trade mark assessment, the five day turnaround is appealing and can reduce the overall processing time.
3. Reduce Delays
With so many components of the trade mark application process being out of your control, it is important to reduce delays where possible when registering a trade mark fast.
As previously mentioned, ensuring your trade mark application has no errors and contains all the relevant information can help reduce delays. Further, if your trade mark does not meet IP Australia’s trade mark registration requirements, you will receive an adverse examination report outlining the issues with your trade mark. You have 15 months to respond to this report. However, responding as quickly as possible will help speed up this process and allow you to obtain registration quicker. Similarly, if any competitors object to your trade mark application, you should aim to respond as quickly as possible.
Key Takeaways
You cannot overlook the importance of trade mark registration. Having a trade mark is an excellent way to protect your business’ assets and contribute to its growth and reputation. When registering your trade mark as fast as possible, you will need to reduce the processing time. Some ways that you can do this include:
- filing a solid trade mark application;
- obtaining a TM Headstart Assessment; and
- reducing delays in the registration process where possible.
If you want assistance filing for trade mark registration, get in touch with our experienced IP lawyers. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
In Australia, the trade mark processing time varies. However, a typical trade mark will be registered anywhere between seven and ten months from the date of application. Of course, any objections to your trade mark, either by the trade mark examiner or a third party, will extend this.
A large portion of the trade mark registration process is out of your hands. However, there are several ways that you can try to reduce the processing time. This includes ensuring your trade mark application is as strong and accurate as possible and reducing delays where you can. Obtaining a pre-examination assessment from IP Australia may also be helpful, providing preliminary advice before you make a formal application.