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
