Part 2.2 Introduction to Filing an Application, Notice or Request

The information below provides an overview of the requirements for filing any application, notice or request under the Act or Regulations. For requirements relating to International Registrations Designating Australia please see Chapter 60 The Madrid Protocol.

1. The Registrar can determine by writing one or more means for filing a document with the Office (s 213A)

2. Online services is the “preferred method” for filing of any documentation including applications, as provided for in section 7 of the Trade Marks (Means and Form of Filing Documents) Instrument 2019.

3. Applications and other documents may also be filed by delivering the document to the Office, by post or any other prescribed means set out in the Trade Marks (Means and Form of Filing Documents) Instrument 2019. 

4. The Office is open for business from 9am to 5pm Monday to Friday Canberra time, apart from public holidays (reg 19.1) and the Christmas shutdown period (s 223A(2)(b) and reg 21.24B). These dates are declared annually by the Director General of IP Australia and are published on the IP Australia website.

5. All documents received at the Office will be marked with the date on which it is received (reg 21.5(1)). 

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

7. Closure of the Office will not be taken to mean that applications and other documents cannot be lawfully received by the Office. For example, an application or other document may be lawfully received via Online Services on a date on which the Office is declared closed.

8. Generally, if a document is due to be filed on a date that the Office is not open for business, the due date becomes the next day on which the Office is open for business (s 223A). This does not apply in respect of certain acts which are prescribed (s 223A(7) and reg 21.24C).

9. Where a fee is payable, evidence that the fee has been paid or authorisation given for payment by another means must be provided.​​​​​​​​​​​​​​ If the Registrar notifies the person making the application, notice or request of an under payment or non-payment of fees within the fourteen working days allowed by s 223(4) and reg 21.23, the application, notice or request will be taken as having been filed once the correct fee has been paid (see Schedule 9 of the Regulations for fee amounts).