6.2. Expedited Examination process

Date Published

Where a request for expedited examination of an application is granted, the Registrar must, as far as practicable, consider the expedited applications in the order in which the requests for expedition are filed and before those for which no expedite request has been made or granted (reg 4.19). The expedite request  must comply with the requirements at paragraph 1.1.

2.1 If the request for expedited examination is not accompanied by a declaration setting out reasonable grounds for expediting or the reasons put forward in the declaration are found to be unsatisfactory, the Trade Marks and Designs Administration Section will send out a letter advising of the requirements and stating that expedited examination will not occur until the deficiency in the request has been overcome.

2.2 If a response is received that overcomes the deficiencies in the original expedite request, the application will be expedited and approved in the system.

2.3 Where the Registrar, of his or her own volition, has expedited examination, the Trade Marks and Designs Administration Section will approve the expedited examination on the system.

2.4 As soon as practicable after a request for expedited examination is granted or refused, a notice will be sent to the person who made the request informing them of the decision (reg 4.18(2)).

2.5 The expedited tasks should be taken by examiners from the examination workbasket as a matter of priority. Because of the obligation upon the Registrar to examine these applications before applications that have not been expedited, the expedited cases should be closely monitored to ensure that they are examined ahead of other unexamined cases.

Amended Reasons

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