1. Introduction

Subpart 2 of Part 3, of the Trade Marks Act 2002 (the Act) provides for the application, examination and acceptance of a trade mark application. These guidelines focus on the examination of a trade mark application under sections 41, 43, 44 and 45 of the Act.

Section 39 of the Act provides for the examination of a trade mark application. Section 41 of the Act provides for the notification of non-complying applications. Section 43 of the Act provides for the rejection of trade mark applications. Section 44 provides for the abandonment and abeyance of trade mark applications. Section 45 provides for the notification of the grounds on which the Commissioner based the conditional acceptance or rejection of the trade mark application.

Regulation 44 of the Trade Marks Regulations 2003 (the Regulations) prescribes the information that must be supplied before a trade mark application may be accepted. Regulation 45 of the Regulations provides that the Commissioner may request further information from an applicant.

Part 7 of the Regulations prescribes procedures after an application is filed including deadlines, extension of time, abeyance and rejection procedures.