IPA trademark 8.-divisional-applications-and-late-citations---additional-fifteen-months — IP Australia Trade Marks Manual of Practice and Procedure – 8. Divisional applications and late citations - additional fifteen months

In some instances a trade mark application may have grounds for rejection raised under section 44 based on earlier filed pending applications. These pending citations may eventually lapse or the goods/services may be restricted. Before accepting, or recommending acceptance of, an application where a citation has lapsed or has been amended to delete the conflicting goods and/or services, it is always necessary to check whether a divisional application based on a citation has been filed. If a divisional application based on a cited mark has been filed, late grounds for rejection must be raised based on the divisional application against the application under examination if the goods and/or services are still similar to the subject trade mark. This means that, under the provisions of paragraph 4.12(1)(b) of the Regulations, an additional 15 months must be given to the applicant.