3. Non-compliance with filing requirements

Date Published

Reg 21.4. provides that if a document received for filing at the Trade Marks Office does not comply with the Act or regulations, or is not in accordance with whichever approved form is applicable, the Registrar may treat the document:

  • as not having been filed and notify the person, including in the notification a statement indicating how the document does not comply with the Act or the regulations or is not in accordance with the approved form: or
  • as having been filed, but direct the person to do such thing as are necessary to ensure that the document does comply with the Act or regulations or is in accordance with the approved form


3.1

An application for registration will be treated as having been filed unless it does not meet the minimum filing requirements, or the appropriate fee has not been paid.


3.2

If the Registrar determines that an application (other than an application for registration) notice or request is not accompanied by the appropriate fee, or is not accompanied by a required declaration, the document will be taken as not filed.

All applications, notices or requests will be subject to the same basic procedure for the handling of non-filed documents outlined in respect of applications for registration in Part 3 dealing with filing an application to register a trade mark.  That is, the sender will be advised within fourteen days of the non-compliance of their document, the reasons for such non-compliance, and the means by which this may be rectified.  If the document is not brought into compliance within two months, it will be deemed as not filed and no further action will be taken.  A refund of any fees paid will also be refunded.


3.3

A copy of the document will be retained on the relevant file, whether paper or electronic, for the purposes of maintaining complete Office records, and in case of any further inquiry.