Time limits most commonly missed in relation to trade marks.
| Action | Time limit | Legislation | Extension availability |
|---|---|---|---|
|
Action
Opposition to trade mark application |
Time limit
2 months from the date of the advertisement in the Official Journal that the trade mark has been accepted |
Legislation
s.52 Trade Marks Act 1995 (Cwlth) r.5.6 Trade Marks Regulations 1995 (Cwlth) |
Extension availability
A request for an extension of time may be made within the 2 month period, or at any time before the trade mark is entered into the Register – 5.9(2) Trade Marks Regulations 1995 (Cwlth). The Registrar of Trade Marks can grant a request for an extension of time if the Registrar is satisfied that the grounds set out in the request justify the extension. Where the request is made outside the 2 month period the registrar must be satisfied that there is sufficient reason for the delay before granting the extension – 5.10(1) Trade Marks Regulations 1995 (Cwlth). |
