Check the response paths on an adverse trade mark examination report
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the report and the path being considered, list the issues the report raises and which path is proposed: a minor amendment, evidence of use, deferment, an extension, a divisional application, or an appeal to a hearing officer. For an amendment, flag a change that adds goods or services outside the original claims. For deferment, mark which ground on the office page is relied on and whether a deferment has already been granted. For an extension, record whether it is the extension of up to 6 months or the extension the page calls Section 224, the number of months, and whether the page says a declaration and advertisement are required. Do not draft the response or any evidence.
- What the lawyer must review
- The lawyer chooses the path, checks the current acceptance date, and prepares the response. The office page says a deferment has no fee and is subject to the registrar's discretion, that a second deferment needs a new and different reason, and that deferment while honest concurrent use or other circumstances are established is for 6 months. An extension of up to 6 months costs $100 per month, may be requested in the first 6 months after the first acceptance due date, and is not advertised. The extension the page calls Section 224 also costs $100 per month, may be for as many months as are needed, must be advertised in the Australian Trade Marks Journal if longer than 3 months, and requires a declaration with a valid reason. The lawyer reads section 224 before relying on it. That section was not opened. A divisional application, on the page, is available for a national application while the parent is still pending, and the child keeps the parent's priority date. An appeal attracts a fee. The evidence-of-use page linked from the response page was not opened. The lawyer reads it before evidence is prepared.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the report and the path being considered, list the issues the report raises and which path is proposed: a minor amendment, evidence of use, deferment, an extension, a divisional application, or an appeal to a hearing officer. For an amendment, flag a change that adds goods or services outside the original claims. For deferment, mark which ground on the office page is relied on and whether a deferment has already been granted. For an extension, record whether it is the extension of up to 6 months or the extension the page calls Section 224, the number of months, and whether the page says a declaration and advertisement are required. Do not draft the response or any evidence. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the proposed path to a path the office page describes.
- For an amendment, confirm no goods or services are added outside the original claims.
- For a second deferment, confirm the reason is new and different from the first.
- For an extension longer than 3 months on the path the page calls Section 224, confirm advertisement and a declaration are on the list, and that section 224 itself is still to be read.
- Confirm the tool has not drafted the response or any evidence.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.