Skip to main content

Time limits most commonly missed in relation to trade marks.

Action Time limit Legislation Extension availability
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
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).