Apple Inc’s attempt to trademark “startup” in Australia rejected but not over yet

IP Australia has issued an adverse examination finding for Apple Inc’s attempt to trademark the term “startup” in Australia, but has allowed Apple to defer its acceptance of the report at Apple’s request.


Apple Inc filed a request to trademark the term “startup” on 27 August.


The move angered the local start-up community, with several start-up community leaders declaring themselves ready to oppose the application if it passed IP Australia’s examination phase.


Apple Inc’s request to defer their acceptance of the finding provides them with more time to meet requirements or file additional evidence.


Spokesperson for IP Australia, Jennifer BowenSmith told StartupSmart the adverse examination report and Apple’s decision to extend their acceptance of it was not uncommon.


“It’s possible for any applicant to respond to the examiner’s report. This isn’t uncommon, it’s typical of a lot of trademarks that are applied for,” BowenSmith says. “Sometimes we to and fro for a while, and sometimes they never overcome the objections and sometimes they may.”


This is the second time Apple Inc has failed to trademark the term. StartupSmart revealed the key objections by IP Australia to their last application last month


IP Australia shared the following summary statement with StartupSmart:

“Trade Mark 1576935 was lodged by Apple Inc. on 27 August 2013. IP Australia issued an adverse examination report on 8 November 2013.  The applicant has made a request to defer acceptance, which has been granted by the Registrar of Trade marks.”


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