IPA trademark 4.11-deferment-of-acceptance — IP Australia Trade Marks Manual of Practice and Procedure – 60.4.11 Deferment of Acceptance

4.11.1 Relevant Legislation Trade Marks Act 1995 ​​​​​​​ Section 36 Deferment of acceptance Trade Mark Regulations Reg 17A.21 Deferment of acceptance Reg 17A.22 Period for which acceptance is deferred Trade Marks Office Manual of Practice and Procedure Part 17 Deferment of Acceptance 4.11.2 General Description The acceptance of an IRDA may be deferred. Regulation 17A.21 sets out the grounds on which a deferment request can be made, and on which the Registrar may defer acceptance on their own initiative. Regulation 17A.22 outlines the timeframe for deferment for each of the grounds. The holder of an IRDA, like a national applicant, can still attempt to overcome any grounds for rejection whilst the IRDA is deferred. 4.11.3 Request for deferment by applicant Deferment is possible on request by the applicant if: a conflicting trade mark is pending, or the holder has taken non-use action under section 92 or Part 17A, Subdivision D of the Regulations against a conflicting trade mark; or a conflicting trade mark is not renewed but is still within the 6 month grace period; or the holder has begun proceedings to have the Register or the Record of international registrations rectified in respect of the conflicting trade mark; or the holder is seeking to establish honest concurrent use, prior use or other circumstances. 4.11.4 Deferment by the Registrar on their own initiative The Registrar may on their own initiative defer acceptance of an IRDA where: time is allowed for an appeal to a court to begin or for an application for review to be made to the Administrative Review Tribunal (ART) in relation to the IRDA an appeal to a court has begun or application for ART review has been made in relation to the IRDA the holder has made a request to the Registrar to be heard in relation to the IRDA (typically, an ex parte hearing on examination) the Registrar is informed in writing that the holder has died. The Registrar must defer acceptance of an IRDA in respect of a certification trade mark when a copy of the rules governing the use of the certification trade mark is sent to the Australian Competition and Consumer Commission.