2.1. How a document is filed

Date Published

This Part covers the general requirements for filing any application, notice or request under the Act or Regulations.  More detailed information on requirements for filing an application to register a trade mark can be found in Part 3.

Applications or other documents may be filed by delivering the document personally to the Trade Marks Office or by post (Section 213) or any other prescribed means, such as on-line using the online services page, which is the “preferred method” for filing any documentation. The Trade Marks Office is open for business from 9am to 5pm Monday to Friday, apart from public holidays (reg 19.1) and the Christmas shutdown period (Section 223A(2)(b) and reg 21.24B).

1.1 All documents received at the Trade Marks Office will be marked with the date on which it is received (subreg 21.5(1)).

1.2 Except as otherwise provided by the Act or Regulations, a document is taken to be filed at the Trade Marks Office on the date on which it is received by the Trade Marks Office (subreg 21.5(3)).

1.3 Where a fee is payable on filing the document, the document must be accompanied by evidence that the fee has been paid or authorisation given for payment by another means.​​​​​​​​​​​​​​


1.4 Generally, if a document is due to be filed on a date that the Trade Marks Office is not open for business, the due date becomes the next day on which the Office is open for business (s223A). The Office is not open on weekends or public holidays (reg 19.1), nor on days declared by the Director General, which include the Christmas Shutdown Period (s223A(2)(b) and reg 21.24B).

This does not apply in respect of certain acts which are prescribed (s223A(7) and reg 21.24C).

The acts so prescribed are:

  • An act done in opposition proceedings, other than the filing of a notice or request with the Trade Marks Office, under the provisions of Part 5, 9 or 21 of the Act, or Part 5, 9, 17A or 21 of the Regulations

  • An act done in relation to proceedings in a court or tribunal

  • The filing of a notice of opposition with a court under section 96 of the Act

  • An act done under Part 13 or 16 of the Act

  • An act done under Part 13, 16 or 20 of the regulations

In relation to these acts, if the due date of filing falls on a Saturday, Sunday, public holiday or bank holiday, the thing may be done on the first day following which is not one of the above days.  (Acts Interpretation Act 1901section 36(2)).

Amended Reasons

Amended Reason Date Amended

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References to eservices updated to online services

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