TM Headstart is our pre-application service, also known as the assisted filing service (AFS). The following is a notice of matters for which a TM Headstart request is not available, and of relevant conditions for making these requests.
A TM Headstart request must be submitted in a manner required by the Registrar. It must not relate to a matter notified by the Registrar to be a matter for which an AFS request is not available, and must comply with conditions notified by the Registrar.
For the purposes of the Trade Marks Regulations 1995 regs 3A.3(3)(f) and (g), the following applies to the TM Headstart service:
1. TM Headstart requests must be submitted via online services.
2. Requestors must select their goods and services claims from the Picklist.
3. Only standard trade mark types can be requested for assessment under this service. These include:
- words or phrases
- words or phrases in a specific font
- logos.
4. A TM Headstart request is not available for the following matters:
- series trade marks
- non-traditional trade marks (shape, scent, smell, sound, movement, aspect of packaging, or other non-traditional trade mark types)
- non-standard applications (certification, collective and defensive trade marks).
This is not an exhaustive list; other requirements for these requests may be found in the Trade Marks Act 1995 and Trade Marks Regulations 1995.