IP Australia has recently announced changes to the standards for obtaining an extension of time for filing evidence of use in opposition matters and removal proceedings. Here’s a quick look at what the change is and how it might affect you.
The Change
The relevant provisions under the Trade Mark Regulations 1995 stipulate that extension can be granted if the Registrar is satisfied that the party:
1. has made all reasonable efforts to comply with all of the relevant filing requirements; and
despite acting promptly and diligently at all times to ensure the filing of the evidence within the period, is unable to do so, or
Previously these provisions were interpreted very strictly, imposing a standard of near perfection on the party seeking extension. IP Australia has now softened their interpretation of these terms “Reasonable efforts, prompt and diligent at all times”, to mean that a reasonable plan to file the evidence on time was in place, and there are no significant unexplained delays. Read more