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Navigate Adverse Trade Mark Examination Reports with expert guidance. Professional support to help you address objections and secure your trade mark rights.

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Timely responses are critical to protect your application

When IP Australia raises concerns about your trade mark application, you have 15 months to respond effectively and overcome the objections.

Early action increases your chances of success and provides more strategic options:

allows time to gather evidence and documentation
enables a more thorough consideration of alternative approaches
provides an opportunity for examiner discussions
maintains priority rights while issues are resolved

What is an Examination Report?

An examination report is an official document issued by IP Australia after reviewing your trade mark application (if you are in the United States, it’s a type of Office Action). It outlines any concerns or objections that need to be addressed before your mark can proceed to registration. Understanding the report is crucial for developing an effective response strategy.

Key components of an Examination Report:

Grounds for objection

the Examiner will give their view and detailed explanations of why your mark may not be registrable, citing specific sections of the Trade Marks Act

Similar marks

the report will identify and cite any existing trade marks on the register that conflict with your application

Classification issues

the report will cover perceived problems with the claimed description of goods / services or incorrect class selections in the trade mark application

Response requirements

the reports also contain basic information about what evidence or amendments are needed to overcome objections

The examination report serves as a roadmap for securing your trade mark registration. It provides clear direction on what needs to be addressed and helps you understand the examiner’s concerns. Working with an experienced trade marks attorney can help you interpret the report and develop the most effective response strategy.

What are common objections?

When examining your trade mark application, IP Australia carefully assesses several key areas that commonly raise concerns. The most frequent objections relate to distinctiveness, confusion with existing marks, and descriptiveness of goods or services. These typically include:

Lack of distinctive character - marks that are too descriptive or generic

Similarity to existing registrations that could cause consumer confusion

Incorrect or overly broad specification of goods and services

Understanding these objections is vital because each requires a different response strategy, from providing evidence of use to amending your application or negotiating with other trade mark owners.

Help with your Adverse Examination response

Our experienced trade marks attorneys provide comprehensive assistance in responding to examination reports effectively. We carefully analyse the objections, develop strategic responses, and guide you through the entire process to maximise your chances of achieving registration.

Working with us includes:

Strategic assessment of objections and potential response pathways
Development of evidence packages and statutory declarations
Drafting comprehensive written submissions
Management of all response deadlines and extensions
Direct communication with examiners when beneficial
Regular updates on your application’s progress

We understand that each case is unique and requires a tailored approach. Our team draws on extensive experience to identify the most efficient and cost-effective path to overcome objections while protecting your valuable intellectual property rights.

Get Examination Support with Trade Marks Office

Get Great Value for Your Money

Fixed fee options for different response strategies. Clear pricing with no hidden charges.

Quick Response to Deadlines

Our experienced attorneys ensure timely submissions well within the 15-month response period.

Take Advantage of Industry-Leading Support

Direct access to registered trade marks attorneys with extensive examination experience.

Benefit from Strategic Response Guidance

Comprehensive analysis of objections and strategic advice on the best approach for your business.

Common Questions about Examination Reports

Response costs vary depending on complexity and strategy, typically ranging from AUD800-2,500+.

Basic responses incur no government fees additional to professional attorney fees. Some strategies like extensions or evidence may incur official fees.

You have 15 months from the date of the examination report to respond. Extensions may be available in certain circumstances.

To assist with your examination response, you’ll need to provide:

Copy of the Adverse Examination report
Trade mark application number
Business/product information so that we can consider relevant classes
Relevant evidence if required
Response strategy preferences
Budget
Timing requirements

Contact us via phone, email or our website form. We’ll assess your examination report and provide initial advice within 24 hours.

What do people say about Trade Marks Office?

Melinda W.

Trade Marks Office made applying for a trade mark incredibly easy. I highly recommend their service to anyone who needs to protect their brand —they're very professional. Their service is excellent, and I love that they're Australian owned and operated.

David S.

It was straight-forward and well priced for everything you get out of it. I had a good experiences with customer service, they responded within the 24hrs I sent my email and have been helpful and kind.

Mo.B

TMO is excellent and too easy; I applied for my trade mark with just a couple of clicks and it didn't cost much. Additionally, I wanted to ask about my old brand and the customer support was friendly and quick to respond. I highly recommend Trade Marks Office if you need to register an Australian trade mark.

Matt Smulders

I like TMO because they make sure your trade mark is protected and the price was the best of all the online registration websites I looked at!! They made sure that I had all of my brand's goods and services correctly classified too. I'm really happy with those guys.