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TM Headstart: Your Guide to IP Australia's Pre-Application Trade Mark Service

TM Headstart: Your Guide to IP Australia’s Pre-Application Trade Mark Service

Your trade mark is the cornerstone of your brand’s identity. Registering it ensures protection and exclusivity in a competitive market. IP Australia offers a service called TM Headstart to assist in this process. This article will explore what TM Headstart is, who should consider using it, and its advantages and disadvantages.

Please note that the information below is here to give you a general understanding of the TM Headstart process and how it might work for you. But every trade mark application is different, and what works for one brand in one case might not work for another. That’s why it’s worth talking to a trade mark attorney. They’ll help you identify potential issues and craft a strong application. If protecting your brand is a priority, consulting a trade mark attorney is one of the best investments you can make.

What Is TM Headstart, and How Does It Work?

TM Headstart is a pre-application service provided by IP Australia that allows you to receive an early assessment of your proposed trade mark’s registrability. Before officially filing, an examiner reviews your application to identify potential issues, giving you the opportunity to amend or withdraw your application based on this feedback.

Is TM Headstart Right for Your Business?

TM Headstart is particularly beneficial for:

  • Solopreneurs, Startups or Businesses Launching New Products/Brands: If you are planning to launch a unique product name, TM Headstart can help identify potential registration issues before your launch.
  • Businesses with Unique or Descriptive Marks: If your trade mark includes descriptive terms and want to ensure your trade mark is registrable before going public. Early feedback can help you tweak your mark before you commit to it.
  • Those Seeking Confidentiality: Since TM Headstart assessments are not immediately made public, it offers privacy during the initial stages.

Advantages of TM Headstart

  1. Early Feedback:  You receive an assessment within 5 business days. This allows you to address potential issues promptly.
  2. Flexibility to Amend: You can make changes to your application based on the examiner’s feedback. This increases the likelihood of successful registration.
  3. Confidentiality: Your application remains private until you decide to proceed to a formal application.
  4. Cost Management: Fees are paid in two parts. If you decide not to proceed with the second stage, you don’t have to pay the second part fees and you avoid incurring unnecessary costs.

Disadvantages of TM Headstart

  1. Limited to Standard Trade Marks: TM Headstart is not available for non-traditional marks, such as shapes, sounds, or scents, and certain application types like series or certification trade marks.
  2. No Immediate Priority Date: Your trade mark’s priority date is set when you convert to a formal application, not when you submit the TM Headstart request. This could be a disadvantage if timing is critical.
  3. Very Strict Timeframes: The process has tight deadlines. Extensions of time are not allowed. Missing the deadline can result in your application lapsing, requiring you to start over.
  4. Potential Additional Costs: While initial fees are split, any amendments based on feedback may incur extra charges.

What Happens After TM Headstart?

Once you complete the TM Headstart process and receive feedback from IP Australia, you’ll need to decide how to proceed with your trade mark application.

  1. Amend or Confirm Your Application
  2. Based on the feedback provided by the examiner, you can choose to amend your trade mark application to address any identified issues. There is a small fee associated with amendments depending on the kind of amendment being made. Alternatively, if the feedback indicates no major concerns, you can proceed with confidence.

  3. Formal Submission
  4. To proceed, you must convert your TM Headstart request into a formal trade mark application. This involves paying the second part of the fee and finalizing your submission with IP Australia.

  5. Examination and Publication
  6. Once formalized, your application enters the standard examination process. If no objections are raised, it will be published in the Official Trade Marks Journal for 2-months for opposition by third parties.

  7. Final Registration
  8. If no oppositions are lodged or successfully resolved, your trade mark proceeds to registration. At this stage, you’ll receive a certificate of registration, giving you exclusive rights to the trade mark in Australia.

Takeaways for businesses

TM Headstart is an excellent tool for businesses seeking early feedback and flexibility in trade mark registration. However, its limitations — such as strict deadlines, limited ability to describe the products, and ineligibility for non-traditional marks — mean it’s not suitable for every situation. Consult a trade mark professional to evaluate whether TM Headstart aligns with your brand protection strategy.

For further information or assistance, contact Aparna Watal.

 

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