Objections & refusals
Received a trademark examination report from IP Australia? Upload it below and we’ll help you understand the objection, the deadline, and the strongest next step.
At a glance
Best for
Applicants who have received a trademark objection or refusal from IP Australia, IPONZ, or WIPO
Key outcome
A clearer response strategy and stronger chance of moving the application toward acceptance
Typical next step
Assess the objection and provide you with a complimentary review covering the issues raised, the response strategy, and the expected costs.
Jurisdiction
Australia and New Zealand, including Madrid Protocol designations examined by IP Australia or IPONZ
Upload your report
Send us your report and we'll come back to you with our assessment of the objections, our recommendation on the strongest path forward, and a clear fixed-fee cost estimate — so you know exactly what's involved before you commit to anything.
Prefer to talk it through first?
If you would rather speak with someone before filling in the form, you can book a free consultation with one of our trademark experts directly.
Book a Free ConsultationAn adverse examination report means the Trade Marks Office has raised one or more objections to your trade mark application. These need to be addressed before your trade mark can be accepted. Objections are common and often able to be overcome, but they must be responded to within the time allowed, or the application will lapse.
The right response depends on the objection raised. In many cases there is more than one option, and we will advise on the approach that gives you the best prospects at the most sensible cost.
In some cases, deferring the application, where there are grounds to put it on hold rather than respond immediately, for example while an earlier conflicting application is resolved.
Whatever the objection, there is a deadline to respond, and the application will lapse if it passes. We will set out your options clearly, recommend a path, and give you a fixed fee before any work starts.
A trademark examination report is IP Australia telling you that your application cannot yet be accepted. The report explains why the examiner has objected, which may involve descriptiveness under Section 41, conflicts with earlier marks under Section 44, formalities issues, or problems in the specification.
The next step is not to panic or rush a generic reply. You need to understand why the objection was issued, whether it can be overcome, and whether the application is still commercially worth pursuing in its current form.
You usually have 15 months to respond, but getting advice early gives you more room to prepare evidence, amend the application, or decide on a cleaner strategy. We also assist with compliance reports issued by IPONZ for New Zealand trademark applications.
Why clients come to us
Expert assessment of whether the objection is fixable or points to a deeper problem with the application.
Straight advice on when to argue, when to amend, and when to step back and rethink.
Full support through evidence, submissions, and hearings if the matter doesn’t resolve at the examination stage.
What’s included
01
Detailed analysis of your examination report and the grounds of objection
02
Clear explanation of your options in plain English — no legal jargon
03
A tailored response strategy designed to overcome the objection
04
Preparation and filing of your formal response to IP Australia or IPONZ
05
Guidance on amending your application where needed
06
Responding to provisional refusals issued by WIPO for Madrid Protocol applications
07
Representation at hearings if the objection is not resolved at examination stage
08
Regular updates throughout the process so you’re never left wondering
Best suited to
Whether you have received an adverse report from IP Australia, a compliance report from IPONZ, or a provisional refusal from WIPO on an international application, Signify IP can guide you through the process with advice tailored to your business.
You have received an adverse report from IP Australia and are not sure what the objections mean or how to respond
Your trademark has been flagged as too descriptive or not distinctive enough under Section 41 of the Trade Marks Act 1995
IP Australia says your mark is substantially identical or deceptively similar to an existing registration under Section 44
You filed through the Madrid Protocol and received a provisional refusal from WIPO
Your response deadline is approaching and you haven’t taken action yet
You want a second opinion on a response drafted by another attorney or filed by yourself
You have received a compliance report from IPONZ and need help understanding your options
Our process
“Responding to a trademark examination report does not have to be stressful. We make the process straightforward and cost-transparent, with clear advice at every step.”
Forward the examination report, compliance report, or provisional refusal you have received. We will review it in detail and identify every ground of objection raised against your application.
We research the specific objections — whether that is distinctiveness, prior marks on the Australian or overseas trade marks registers, or other grounds — and map out the strongest path to acceptance.
We explain what has happened, what it means for your application, and exactly what we recommend — in plain English, with no legal jargon.
Once you approve the strategy, we draft your formal response and submit it to IP Australia or IPONZ within the deadline. This may include legal arguments, evidence of use, or amendments to your specification.
If the examining authority raises further issues or schedules a hearing, we handle that too and keep you informed at every stage.
In practice
Most adverse reports are not just technical surprises. They usually reveal something important about the mark, the class strategy, or the filing position.
01
Typical risk
The application may be built around wording that is too weak to function as a registrable trademark without evidence or a better filing strategy.
How we help
We assess whether the mark is still worth pursuing and whether evidence of use, a legal argument, or a different filing approach is the smarter move.
02
Typical risk
The objection can stall registration and create real uncertainty about whether the brand is commercially safe to keep building on.
How we help
We review the cited marks, the overlap, and the real risk — then advise whether to argue, narrow the specification, seek consent from the other owner, or change course.
03
Typical risk
The global filing may look clean elsewhere but still fail in Australia if local objections are not identified and handled promptly.
How we help
We act as your Australian trademark attorney, explain the grounds of refusal, and manage the response needed to keep Australia in your international filing plan.
04
Typical risk
An overly broad or poorly worded specification can draw objections that put the whole application at risk, or result in a registration that does not actually protect what the business needs.
How we help
We review the specification, identify where the problem lies, and advise on the most precise wording that satisfies the examiner without giving up more protection than necessary.
When you file a trademark application with IP Australia, an examiner reviews it against the requirements of the Trade Marks Act 1995. If the examiner identifies any issues, they issue an examination report, sometimes called an adverse report, setting out the specific grounds for objection.
Receiving an adverse report does not mean your application has been refused. It means IP Australia has concerns that need to be addressed before the mark can proceed to acceptance and registration. Most examination reports can be overcome with the right response.
The report will cite specific sections of the Trade Marks Act 1995 and explain why the examiner believes your application does not meet the requirements. You are given 15 months from the date of the first report to resolve the issues. The best next step is to assess whether the objection is technical, strategic, or a sign that the mark itself is weak before filing a response.
Section 41 — Lack of Distinctiveness is one of the most common grounds. The examiner considers your mark to be descriptive of the goods or services in your application, or otherwise not capable of distinguishing your products from those of other traders.
Section 44 — Similarity to Existing Marks means the examiner has found one or more marks on the Australian Trade Marks Register that are substantially identical or deceptively similar to yours, covering the same or similar goods and services under the Nice Classification system.
Other common grounds can include geographic indications, scandalous or contrary to law marks, bad faith, and likelihood of deception or confusion.
If you filed an international trademark application through the Madrid Protocol and designated Australia, your application is examined by IP Australia in the same way as a domestic application. However, instead of receiving an adverse report, you receive a provisional refusal.
| Adverse Report | Provisional Refusal | |
|---|---|---|
| Applies to | Direct Australian applications | Madrid Protocol designations |
| Filed through | IP Australia directly | WIPO with Australia designated |
| Response deadline | 15 months | 15 months |
| Who responds | Applicant or attorney | Australian-registered attorney required |
Whether you are dealing with an adverse report or a provisional refusal, the underlying examination process and legal grounds for objection are the same, so the response strategy follows similar principles.
You have 15 months from the date of the first report to overcome the objections. If you need more time, this can usually be extended by up to 6 months on request and payment of a fee, with further extensions possible in some cases. The application only lapses if the deadline passes without the objections being overcome and without an extension in place. If that happens, you lose the filing date, any priority you claimed, and the fees you paid, so it is worth getting advice well before the deadline rather than leaving it to the last minute.
Even if you are unsure whether to proceed, it is worth getting advice early. In some cases, a relatively straightforward amendment to your goods or services specification can resolve the objection without a complex legal argument.
If a response is filed but IP Australia is not satisfied, the matter can be escalated to a hearing before a Hearings Officer at the Trademarks Office. Signify IP can represent you at hearings and present your case effectively.
How to decide
01
Why it matters
A workable objection response may protect a brand that now carries real commercial weight.
Better next step
Test whether the issue is a technical objection or a sign the brand itself is too weak or conflicted to pursue.
02
Why it matters
Sometimes the smarter move is not to spend more defending a brand that was weak to begin with.
Better next step
Assess whether a fresh filing strategy would be cleaner and more cost-effective than forcing the current application through.
03
Why it matters
The legal wording matters less than understanding whether the application is still commercially salvageable.
Better next step
Get a proper reading of the objection before deadline pressure shapes the decision for you.
Before you decide
Not necessarily. Many objections can be resolved, but the answer depends on the nature of the problem and the strength of your mark. The first step is understanding exactly what you are dealing with.
You can, but the way you respond matters. A poorly framed response can limit your options down the track or make the objection harder to overcome. Getting proper advice before you file anything is almost always worth it.
That makes getting the right advice even more important. We will give you an honest assessment of whether the mark is worth defending, what the realistic options are, and what it is likely to cost — so you can make a confident decision.
Adverse reports that appear unresolvable often have more options than they first suggest. We've helped applicants overcome objections that others considered too difficult to pursue — including removing cited marks through non-use, building evidence of use cases, narrowing specifications strategically, and constructing legal arguments that changed the outcome. If you've received discouraging advice, or a previous response hasn't resolved the objection, upload your report and we'll give you an honest assessment of what's genuinely possible.
It depends on the complexity of the objection and what the response involves. As part of our complimentary review, we will give you a clear picture of the likely costs and the strategy we recommend before you commit to anything.
Related paths
Related service
Before refiling or choosing a new mark, check conflict risk with a professional Australian trade mark search.
Explore service →Related service
If your current application does not proceed, or you need to refile with a stronger strategy, we can help you get the foundations right from the start.
Explore service →Related service
If a conflicting mark is blocking your application, we can help you oppose it, negotiate consent, or pursue your own mark against a challenge.
Explore service →Related service
Once your mark is registered, a watching service alerts you when similar marks are filed so you can act before a conflict becomes a problem.
Explore service →Frequently asked questions
Before you enquire
Free, no-obligation initial review · Practical guidance at every step · Response within 1 business day
