4.11 Deferment of Acceptance

Date Published

4.11.1  Relevant Legislation

Trade Marks Act 1995

​​​​​​​Section 36 Deferment of acceptance


Trade Mark Regulations

Reg 17A.21 Deferment of acceptance

Reg 17A.22 Period for which acceptance is deferred


Trade Marks Office Manual of Practice and Procedure

Part 17 Deferment of Acceptance


4.11.2 General Description

The acceptance of an IRDA may be deferred.  Regulation 17A.21 sets out the grounds on which a deferment request can be made.

Regulation 17A.22 outlines the timeframe for deferment for each of the grounds.  The holder of an IRDA, like a national applicant, can still attempt to overcome any grounds for rejection whilst the IRDA is deferred.  

Deferment is possible if:

  • a conflicting trade mark is pending, or

  • the holder has taken non-use action under section 92 or regulation 17A.48 against a conflicting trade mark; or

  • a conflicting trade mark is not renewed but is still within the 6 month grace period; or

  • the holder has begun proceedings to have the Register or the Record of international registrations rectified in respect of the conflicting trade mark; or

  • the holder is seeking to establish honest concurrent use, prior use or other circumstances.