When is the deadline for appeal to the federal court from a decision of the registrar of trademarks?
The catalogue records a 2 months period from Date on which notice of the Registrar's decision was dispatched by the Registrar. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 2 months
- Trigger
- Date on which notice of the Registrar's decision was dispatched by the Registrar
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Expressly extendable: "or within such further time as the Court may allow, either before or after the expiration of the two months".
- A period of MONTHS, so Interpretation Act s 28 governs the calculation, not a day count: count forward two months without including the month in which the dispatch date falls, exclude the dispatch date, and include in the last month the day with the same calendar number, or the last day of that month if there is no such day. The trigger is the date of DISPATCH by the Registrar, not receipt. Within the same period the appellant must send a copy of the notice by registered mail to the registered owner of any trademark referred to in the decision and to every other person entitled to notice of the decision (s 56(3)). Section 56 read on verification; the Act was last amended 2025-04-01 and s 56(1) is unchanged in substance.