60.4.5 Expedite

Date Published

4.5.1  Relevant Legislation

Trade Marks Act

Reg 4.18 Request for expedited examination of application

Reg 4.19 Expedited examination

Trade Mark Regulations

​​​​​​​Reg 17A.23 Expedited examination

Trade Marks Office Manual of Practice and Procedure

Part 6 Expedited Examination

4.5.2  General Description

IRDAs will be examined at the same time as national applications with a similar filing date.  A holder may request expedition of an IRDA under the same conditions as an owner of a national application, for example, if a delay in the examination of their application or IRDA will seriously impact on their business (see Part 6 1.1 Expedited Examination).  The expedition process with regard to an IRDA is carried out in the International Registration Section of COG.

As with national applications, IP Australia will routinely expedite IRDAs with a convention claim in order to minimise the risk of a trade mark with an earlier priority date being overlooked in the examination of other applications.  It also helps to ensure that an application is not registered and an IRDA is not protected if a later filed application or IRDA has an earlier priority date by virtue of a convention claim. (see Part 11- Convention Applications and 4.7.16 Convention Claims).

Amended Reasons

Amended Reason Date Amended

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