17.5. The deferment process where the Registrar may grant deferment on their own initiative

Subregulation 4.13(2) states that the Registrar may, on their own initiative, grant deferment of an application in the circumstances set out at Part 17.2.2. 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 time is allowed for an appeal to a court or an application to the Administrative Review Tribunal (ART) for review 

5.1.1 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 to a prescribed court, or may be reviewed by the ART, the Registrar will defer acceptance of the application for 2 months.

5.2 Where an appeal or application or review has been made

5.2.1 Where an appeal to a court has begun or an application to the ART for review has been made, the Registrar will defer acceptance of 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 ART, or the court to which any appeal, arising out of the decision of the ART, is brought, allows.

5.2.2 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 filing in the Court or tribunal. On such notification, as long as the application is still pending, the deferment will be entered on the system. 

5.3 Where the applicant requests a hearing 

5.3.1 Where the applicant has made a request to the Registrar to be heard in relation to the application, the Registrar will defer acceptance of the application until the earlier of: 

(i) the day the applicant withdraws the request to be heard; and

(ii) the day the Registrar decides to accept or reject the application. 

Note: If an appeal of the Registrar’s decision is filed with a court, acceptance will be deferred until the end of those proceedings, under subregulation 4.13(2)(b).

5.4 Where the applicant has died

5.4.1 Where the Registrar is notified that the applicant has died and that this will prevent the application being finalised within a reasonable time, the Registrar will generally grant a deferment of acceptance of up to twelve months, depending on the circumstances of the case. 

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

5.5.1 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.​​​​​​​