Annex A1 - Deferment of acceptance date - Grounds and time limits

Date Published


Reason for Deferment

Termination of Deferment

Time Remaining

Citation under subsection 44 (1) or (2)

When cited application is registered, withdrawn, rejected or lapsed, or where Registrar is satisfied that a citation no longer exists

Balance of time remaining prior to deferment

Gathering evidence to overcome citation by proving “honest concurrent use”, “other circumstances” or “prior use”

6 months from (and including) the date of deferment

Balance of time remaining prior to deferment

Non use action under section 92

When proceedings in respect of the other trade mark have been finalised

Balance of time remaining prior to deferment

Copy of rules of certification trade mark sent to ACCC

When the Registrar advertises the acceptance or rejection of application

Balance of time remaining prior to deferment

Cited registered trade mark un-renewed and within 6 months of expiry

When the registration is either renewed or removed

Balance of time remaining prior to deferment

Where an applicant has died

At Registrar's discretion, based on individual circumstances

Balance of time remaining prior to deferment

TM application under appeal or pending review of Registrar's decision in a court or in the AAT, or where a rectification action or appeal or appeal period in relation to such an action is pending

3 months after decision or such time as the prescribed court or AAT may allow or, where decision is appealable, 2 months after the issue of that decision

Balance of time remaining prior to deferment