4. When is an application taken to have been filed?

Date Published

An application that is in an approved form is taken to have been filed on the day it is received at the Trade Marks Office if it is accompanied by the appropriate fee (Section 223) and if the application meets the minimum filing requirements (Reg 4.2).  This includes:

  • A statement that it is for the registration of a trade mark
  • Includes a representation of the trade mark
  • Specifies the goods and/or services in relation to the trade mark
  • Includes information to establish the identity of the applicant
  • Contains information to enable the applicant to be contacted.

If the minimum filing requirements have not been met (Reg 4.2) and/or the appropriate fee has not been paid, the Registrar will notify the applicant of these matters within 14 days of receipt of the application (Reg 4.2(2) and Reg 21.23(b)).

The applicant will have two months in which to rectify the minimum filing requirement deficiencies in the application and/or two weeks to pay the appropriate fee.  If the application is rectified within the time allowed, the filing date will be the date on which all the deficiencies have been made good.