4. Filing Process (excluding filing of applications for registration)

Date Published

4.1 An application, notice or request delivered in hard copy will be stamped with the date of receipt on the day it is received in the Trade Marks Office. Documents filed via eServices also have a date and time stamp of when the document was submitted.

  

4.2 All correspondence is given a correspondence code.  These codes depend upon the type of document filed. (For more information on the codes used to identify correspondence on the system, see the Parts dealing with data capture, indexing and scanning, and fees.)


4.3 Any unpaid or underpaid fees will be clearly marked on the correspondence with the relevant fee information for action by the relevant work area.


4.4 The application, notice or request, once coded and captured in the relevant trade mark systems, are passed to the relevant work area for processing.


4.5 The area actioning the application, notice or request should check the document to see if it complies with filing requirements (including that the person filing the document is authorised to make the application, notice or request) and whether the correct fee has been paid.  The following points should be checked as to whether:

  • the address for service on the application, notice or request conforms with the address for service nominated for the corresponding trade mark application or registration.  If there is a discrepancy between the addresses for service and unless there is a clear request to change the address for service on the trade mark application, the address for service for the application should not be changed.  
  • supporting documents such as declarations are required, and if so, whether they have been received.

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4.6 It is the responsibility of the action area to give potentially non-filed documents the maximum priority required in order that the sender of the document may be advised in writing of the situation to rectify the matter.