D16.2 Initial processing

Date Published

There are two basic paths for a design being made the subject to a prohibition order:

  1. The application is filed as a convention application (usually from the UK or US). Filing occurs by safe-hand delivery – with the mail-room staff having procedures to handle such packages. [If an Australian attorney is involved, they are expected to have relevant security clearance and facilities.] The application will include a document permitting the application to be filed providing it is subject to a prohibition order.
  2. The application is filed by normal means. The formalities officer on initial viewing of the application assesses the application and if concerned that it might relate to prohibited subject matter, will refer the case to the Quality and Practice Section of the Trade Marks and Designs Group. If it is determined that a prohibition order is appropriate staff should:
    1. Arrange for an interim prohibition order to be prepared and signed by the Registrar or her delegate; and
    2. Arrange for the design application to be referred to an appropriate agency for formal advice as to whether a prohibition order should be maintained.

While an application is being seriously investigated for a possible prohibition order, the file should be treated as if it was in fact subject to an order.

Where an application is made the subject of a prohibition order, it is maintained in a Class A container, with access being strictly on a need to know basis by those with appropriate security clearance.