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

Date Published
Reason for DefermentTermination of DefermentTime Remaining
Citation under subsection 44 (1) or 44(2) of a pending applicationWhen cited application is registered, withdrawn, rejected or lapsed, or where Registrar is satisfied that a citation no longer existsBalance of time remaining prior to deferment
Gathering evidence to overcome section 44 citation by proving “honest concurrent use”, “other circumstances” or “prior use”6 months from the date of defermentBalance of time remaining prior to deferment
Non-use action under section 92When proceedings in respect of the other trade mark have been finalisedBalance of time remaining prior to deferment
Copy of rules of certification trade mark sent to ACCCWhen the Registrar publishes the acceptance or rejection of applicationBalance of time remaining prior to deferment
Cited registered trade mark un-renewed and within 6 months of expiryWhen the registration is either renewed or removedBalance of time remaining prior to deferment
Where an applicant has diedAt Registrar's discretion, based on individual circumstances (usually up to 12 months) Balance of time remaining prior to deferment
Applicant has requested ex parte hearingWhen the applicant withdraws the request, or the Registrar decides to accept or reject the applicationBalance of time remaining prior to deferment
TM application under appeal or pending review of Registrar's decision in a court or in the ART, or where a rectification action or appeal or appeal period in relation to such an action is pending3 months after decision or such time as the prescribed court or ART may allow or, where decision is appealable, 2 months after the issue of that decisionBalance of time remaining prior to deferment

Amended Reasons

Amended Reason Date Amended

Adding ground for deferment for ex parte hearing per TM Regs Amendment package

Updated to reflect new legislation - Administrative Review Tribunal Act 2024: Commences 14 October 2024.

Terminology updated to reflect legislative changes.

Update hyperlinks
Back to top