IP Australia issues TM delays warning
A significant increase in the number of trademark filings is causing delays to the examination of trademark applications at the Australian IP Office (IP Australia).
In an announcement published yesterday, July 4, IP Australia said: “We appreciate your patience and understanding and are committed to reducing any impact on customers.”
According to IP Australia’s service commitments, 85% of trademark applications will be examined and issued with a report within 13 weeks of receiving the application.
The IP office reiterated that the current delays will not change the date from which any rights granted take effect as these stem from the date of filing not the date of examination.
In 2018, the IP office received 79,490 trademark applications, a record high and an increase of 4% from 2017.
While the largest share (58%) came from Australian residents, the growth was in non-resident filings, which increased by 11%. The share of non-resident applications has increased from 32% in 2009 to 42% in 2018.
Trademark examiners at the office are currently processing domestic and international non-Madrid applications with application dates of January 2019.
Madrid applications from February are also currently being reviewed, while examiners are processing applications from March, where an expedited review has been requested.
Last year, total direct trademark applications increased by 1%. Madrid applications continued their strong growth, increasing by 13%, which has resulted in the Madrid share of total applications being at its highest-ever level of 22%.
While the largest share of trademark applications (58%) came from Australian residents, the growth was in non-resident filings, which increased by 11% last year. The share of non-resident applications has increased from 32% in 2009 to 42% in 2018.
In May last year, IP Australia implemented “cognitive computing tools” for its trademark examiners.
The ‘Smart Assessment Toolkit’ was expected to streamline trademark examination, as the machine learning models will quickly identify potential issues and alert trademark examiners to them.
Patricia Kelly, the director general of IP Australia at the time, said the toolkit is a “game-changer for trademark examiners”.
“We’re embracing advanced machine learning technology to provide leading-edge tools to our staff and improve our service to customers.”
Michael Schwager replaced Kelly, who retired from public service in August after nearly five years in the role, as director general in October last year.
Schwager previously served as the chief operating officer at the Commonwealth Scientific and Industrial Research Organisation, a government agency responsible for scientific innovation.
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