5. The deferment process where the Registrar may grant deferment on his or her own initiative

Date Published

Subregulation 4.13(2) states that the Registrar may, on his or her own initiative, grant deferment of an application in the circumstances at 2.2. Where deferment is initiated by the Registrar this may be carried out at any time up until acceptance of the application (subreg 4.13(2)).


5.1 Where an appeal or application to the Administrative Appeals Tribunal (AAT) is pending

 5.1.1 If an appeal to a court or an application is made to the AAT regarding a decision by the Registrar under the provisions of the Act the Registrar will defer such applications. The Registrar will have notification of such an appeal or application as, in ex parte matters, documents will be required by the Courts from the Registrar and the Registrar will generally be invited by the Court to be a party to the proceedings. In the normal course of events the Registrar will receive notice of the decision of the Court or tribunal. On such notification, as long as the application is still pending, the deferment will be entered on the system.


5.2 Where time is allowed for an appeal or application for review or where an appeal or application for review has been made

5.2.1 Where the Registrar or the Australian Competition and Consumer Commission (ACCC) makes a decision adverse to an applicant, and that decision is appealable under the Act, the Registrar will defer the application for 2 months.

 5.2.2 Where an appeal or application for review has been made, the Registrar will defer the application up until 3 months after the determination or other disposal of the appeal or review or until the expiration of such further time as the court to which the appeal, or any further appeal is brought, or the AAT, or the court to which any appeal, arising out of the decision of the AAT, is brought, allows.


5.3 Where the applicant has died

If the fact that the applicant has died will prevent the application being finalised within a reasonable time the Registrar may grant a deferment of the application.

5.3.1 Where the Registrar is notified that the applicant has died and that this forms an impediment to the finalisation of the application, the Registrar will generally grant a deferment of acceptance of up to twelve months depending on the circumstances of the case.


5.4 Where an application for a certification trade mark has been sent to the Australian Competition and Consumer Commission (ACCC)

 5.4.1 Once an application for a certification trade mark has been examined and all issues resolved the application is sent to the ACCC. Before the application is sent to the ACCC the application must be deferred on the system.​​​​​​​