TM Headstart vs Standard Trade Mark Application with Expedited Examination: Which Is Better?
We are often asked, “Should I choose TM Headstart or expedited trade mark examination?” The answer depends on your circumstances. Each option has its own advantages and drawbacks, and the best choice often hinges on factors like urgency, brand strategy, and the complexity of your trade mark.
This articles sets out the differences between TM Headstart and standard trade mark applications, particularly where expedited examination is requested. We also recommend consulting a trade mark attorney to ensure your application is filed strategically and has the best chance of success.
What Is TM Headstart?
TM Headstart is the pre-application service offered by IP Australia where they provide quick feedback on potential issues with your trade mark before you officially file.
Process:
- Submit the application under TM Headstart (Part 1).
- Receive feedback from the examiner within five business days.
- If the feedback is positive, pay the Part 2 fee to proceed with formal filing.
Bear in mind that the trade mark’s filing date is the date you convert the application to a standard filing (Part 2), not the date on which you filed the TM Headstart request (Part 1).
What Is Expedited Examination?
Expedited examination is a process to speed up the examination of a standard trade mark application due to urgent business needs or specific circumstances.
Process:
- File a standard application.
- Submit a request for expedited examination, citing a valid reason (e.g., infringement concerns, a pending launch).
- IP Australia examines the application within 5–15 business days, if the request is approved.
The filing date of a standard application is the date on which the application is lodged with the Trade Marks Office.
Comparison of TM Headstart vs. Standard Filing with Expedited Examination
TM Headstart | Standard + Expedited Examination | |
Timing | Feedback in 5 business days; formal filing date is after Part 2. | Examination within 5–15 business days after expedited request. |
Cost | $330 per class (split into two payments). | $250–$330 per class + expedited request. |
Filing Date | Set at formal filing (Part 2). | Set at the time of standard filing. |
Confidentiality | Application remains private until Part 2 is filed. | Application becomes public upon filing. |
Amendments | Feedback allows for amendments before formal filing. | Amendments require a formal response and additional fees. |
Best For | Early feedback and flexibility; low-risk brands. | Urgent cases requiring faster registration. |
Questions to Help You Decide
If you’re considering a TM Headstart or expedited examination, asking the right questions can help you choose the best option for your trade mark application:
When Might TM Headstart Be a Good Fit?
- Do you want early feedback on whether your trade mark is registrable before committing to a formal application?
- Is keeping your application private during the initial stages important to your business?
- Would you value the flexibility to amend or withdraw your application based on examiner feedback without incurring additional costs?
When Might Expedited Examination Be Better?
- Do you need your trade mark examined urgently, perhaps for a product launch or to address potential infringement?
- Are you confident your trade mark will meet all registrability requirements without significant risks?
- Are you filing a non-standard trade mark, such as a shape, sound, or certification mark, which isn’t eligible for TM Headstart?
Answering these questions can help you determine which approach aligns best with your needs. It’s always recommended to consult a trade mark attorney who can guide you through the process and ensure your application strategy is solid.
Take the Next Step with Confidence
Choosing between TM Headstart and expedited examination is a strategic decision that can significantly impact your trade mark’s success. To make the right choice, consult a trade mark attorney who can tailor the approach to your needs and handle the complexities of the application process.
For further information, or assistance, contact Aparna Watal.
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