Freedom of Information Request – Documents Related to Specific Trade Mark Applications - Rachael Louise Gunn
Dear FOI Coordinator,
Under the Freedom of Information Act 1982 (Cth), I formally request access to all documents associated with the following trade mark applications:
Trade Mark Number: 2476761
Trade Mark Number: 2485348
Trade Mark Number: 2485349
Trade Mark Number: 2505281
Scope of the Request
For each of the above trade mark applications, I request access to:
All correspondence between IP Australia and the applicants or respondents, including emails, letters, or other communications.
Documents submitted by the applicants or respondents, such as application forms, responses to examination reports, statements, evidence, or other supporting materials.
Internal communications, memos, or decision-making documents related to the assessment, processing, and status updates of these trade marks.
Documents or records associated with any examination reports, objections, amendments, or other procedural events.
Materials provided by third parties, if applicable, related to these trade marks.
Specific Details
Trade Mark 2476761: Accepted: Awaiting Publication, Classes 16, 25, 41, 45.
Trade Mark 2485348: Accepted: Awaiting Publication, Classes 9, 16, 25, 35, 41, 42, 45.
Trade Mark 2485349: Accepted: Awaiting Publication, Classes 9, 16, 25, 35, 41, 42, 45.
Trade Mark 2505281: Published: Under Examination, Classes 9, 35, 42.
Preferred Format
I request that all documents be provided in electronic format where possible to facilitate access and review.
Fees and Charges
Please notify me of any fees associated with processing this request, and I will arrange payment as required.
Additional Information
If you require further clarification or additional information to process this request, please contact me via return email.
Thank you for considering this request. I look forward to receiving your response within the statutory timeframes set out under the Freedom of Information Act 1982 (Cth).
Yours sincerely,
Nosey
OFFICIAL
Dear Nosey,
Thank you for your request dated 30 December 2024 for documents under the
Freedom of Information Act 1982 (the FOI Act) in relation to trade mark
no. 2476761, 2485348, 2485349 and 2505281.
I have taken your request to be for all documents held by IP Australia in
relation to each of the trade mark applications.
I have examined the relevant trade mark files and I can confirm that all
documents within the scope of your request, as of 3 January 2025, are
considered available for public inspection (API) under section 217A pf the
Trade Marks Act 1995 (the TM Act).
Pursuant to section 12(1)(b) of the FOI Act, a person is not entitled to
obtain access to a document, under the FOI Act that, is open to public
access, as part of a public register or otherwise, in accordance with an
enactment.
I therefore consider your FOI request withdrawn.
Requesting API documents
Section 217A documents can be requested via the IP Australia Customer
Portal. Once logged onto the portal use the search term "document request"
and select the option "Request a trade mark document under s217(a)". You
may be required to attach a cover letter, outlining the particulars of
your request, and to specify the number of documents you are requesting.
Please note, the prescribed fee is $50 per document capped at $200 for 4
or more documents from the one casefile (pursuant to the Trade Mark
Regulations, Schedule 9, Items [21 and 22]). You can make this payment
upfront when you lodge your request.
As there are in excess of four (4) documents in relation to each trade
mark, the total fee is $800.00 ($200.00 per trade mark).
Regards
FOI team
Office of Legal Counsel
IP Australia
E [1][email address]
Visit us at [2]http://www.ipaustralia.gov.au
References
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2. http://www.ipaustralia.gov.au/