We will endeavour to update this page as developments occur. However, we cannot guarantee the currency of information on this page. Please check the website of the relevant IP Office or contact us for further information.
Xuveo Legal Status: OPEN for Business
We remain OPEN for business at this time.
We are able to assist with pending trade mark applications currently before IP Australia and the Intellectual Property Office of New Zealand (IPONZ), as well as Madrid Protocol international trade mark applications originating from Australia. Please contact us for further information or assistance.
As the majority of work we complete is via online lodgement and electronic communications, Xuveo Legal is well-equipped for a remote work environment.
Due to Australian government restrictions on non-essential travel and gatherings, appointments will be conducted by telephone or video conferencing, wherever possible.
Australian Domestic Applications - IP Australia
IP Australia Processing Status
At the time of writing IP Australia remains OPEN and is processing applications, however, this status may change at short notice.
IP right applicants should be prepared for closures and processing delays due to service interruptions.
Closure of Canberra Office
As of 1 April 2020, IP Australia's Canberra office is unstaffed and has closed to the public.
IP Australia encourages customers to lodge online as they are unable to accept physical deliveries.
Extensions of Time - Covid-19 Impact Grounds (Streamlined Extension Program)
On 22 April 2020, IP Australia announced that free "Streamlined" extensions of time of up to 3 months would be available to applicants affected by the Covid-19 Pandemic for many types of extension requests.
The Streamlined Extension arrangements are in-place until at least 28 February 2021, with the scheme subject to further monthly reviews.
IP Australia has stated that the Streamlined Extension arrangements are intended to be a temporary measure. At least one week's notice will be given by IP Australia before the program is withdrawn.
Eligibility criteria apply - including a requirement for a declaration that the applicant is adversely affected due to the pandemic. Applicants should confirm their eligibility and seek appropriate advice before relying upon a Streamlined Extension.
Importantly, the Streamlined Extension is not available for deadlines relating to:
- trade mark renewals (standard grace period and late renewal fees apply);
- WIPO applications including Madrid Protocol and Patent Cooperation Treaty (PCT) applications;
- international convention claims;
- divisional trade mark applications;
- designs renewal;
- plant breeders rights (PBRs);
- patent continuation fees;
- matters before a court or tribunal.
In those cases, IP right holders must still ensure that deadlines are observed on-time or within the applicable renewal grace periods. Other extensions of time may still be available in line with usual arrangements.
No IP Australia fee is charged for Streamlined Extensions.
On 13 August 2020, IP Australia announced availability of a second 3-month Streamlined Extension for applicants who continue to be affected by the pandemic.
Specific declaration wording is required to apply for the free extension, including a declaration that the applicant is unable to prosecute their application due to the impacts of the pandemic.
Extensions of Time - Other Grounds
Applicants and IP Right Holders should remain aware of existing deadlines (eg deadline for acceptance and renewal) and seek extensions of time as necessary.
Other extensions of time and fee waivers/refunds for hardship and other reasons will be considered on a case-by-case basis. Nevertheless, if an extension of time is necessary, applicants should endeavour to request extensions before the deadline passes wherever possible. Fees may continue to apply to requests for extension of time.
At this stage, IP Australia has not announced that extensions of time will be automatically applied to existing applications or registrations.
It should be noted that some deadlines are non-extendable due to legislative constraints.
Following amendments to the Trade Mark Regulations in June 2020, the trade marks office has increased flexibility to waive certain trade mark fees in appropriate circumstances.
Hearings & Oppositions
As at 20 March 2020, Opposition Hearings are being proceeding by teleconference or video conference only, or via written submissions.
Please refer to the IP Australia Covid-19 Status Page for further information.
International Trade Marks
Madrid Protocol - WIPO Processing Status
At the time of writing, WIPO remains OPEN for business. However, applicants may experience processing delays due to operational restrictions.
Applicants should remain vigilant regarding deadlines, as WIPO has not announced that automatic extensions of time will apply. Requests for extensions of time may be considered on a case-by-case basis provided that sufficient reasons are supplied (eg disruption to mail or internet services, imposition of quarantine or lock-down.) Some types of extensions of time may be granted without requiring supporting evidence.
Madrid Protocol - WIPO Announcements
WIPO has announced measures including:
- suspension of physical mail due to government restrictions and international disruption to postal services;
- notifications will continue to be delivered electronically, where applicants have supplied an email address;
- restrictions on obtaining physical copy certified documents and extracts, and services for legalisation of documents
Limited postal services resumed at WIPO as of 13 July 2020, however, residual delays should be expected and some documents will only be provided in physical copy if expressly requested.
WIPO has issued the following announcements:
|Continuous updates||WIPO Madrid Protocol (Trade Marks) News Release Webpage|
|Continuous updates||WIPO "In Focus - 2020" News Release Webpage|
|31 March 2020||Covid-19 Update: Madrid System (WIPO is continuing to update this page with information relating to Madrid Protocol trade marks.)|
|20 March 2020||Covid-19 Update: WIPO's IP Services (business continuity and maintenance of services)|
|20 March 2020||Covid-19: Remedies and Extension of Time Limits Available for Madrid System Users (replaced by subsequent announcements)|
|17 March 2020||Update on Covid-19 (cancellation of meetings and events, closure of offices to the public)|
|16 March 2020||WIPO Update on Covid-19: IP Service Operations Continuing; Remote Work Prioritized|
WIPO - Requirement to provide Email Address from 1 February 2021
WIPO will require an email address to be provided for new and updated Madrid Protocol international trade mark applications and registrations from 1 February 2021.
Other International Intellectual Property Offices
Some international offices have announced closures and/or automatic extensions for processing IP right applications. Processing delays may also be experienced due to office closures or disruption to postal services.
IP Right holders and applicants should check the website of the IP Office in relevant jurisdction for up to date information.
The International Association for the Protection of Intellectual Property (AIPPI) has compiled a listing of links to international IP Office statuses and notices: here
Again, we caution that applicants should not rely upon automatic extensions being available at any given IP Office, and should endeavour to comply with existing deadlines wherever possible. In the event that an extension of time is necessary, appropriate requests should be made to the relevant IP Office as early as possible. It should be noted that some deadlines may be non-extendable.