---
title: "Check the response paths on an adverse trade mark examination report"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-the-response-paths-on-an-adverse-trade-mark-examination-report"
type: "task"
site: "AI Law Framework"
id: "A23-LA20261022-7"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check the response paths on an adverse trade mark examination report

> 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…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-the-response-paths-on-an-adverse-trade-mark-examination-report  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the proposed path to a path the office page describes.
2. For an amendment, confirm no goods or services are added outside the original claims.
3. For a second deferment, confirm the reason is new and different from the first.
4. 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.
5. Confirm the tool has not drafted the response or any evidence.

## Notes

- 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.

## Sources

- [IP Australia, How to respond to an examination report](https://www.ipaustralia.gov.au/trade-marks/how-to-respond-to-an-examination-report) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-the-response-paths-on-an-adverse-trade-mark-examination-report/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*