{"id":5525,"date":"2021-07-20T16:03:28","date_gmt":"2021-07-20T06:03:28","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5525"},"modified":"2021-07-20T16:03:29","modified_gmt":"2021-07-20T06:03:29","slug":"oppose-conflicting-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/opposition\/oppose-conflicting-trade-mark\/","title":{"rendered":"How to Oppose a Conflicting Trade Mark"},"content":{"rendered":"\n

Having a registered trade mark gives you a number of rights, one of which is the right to oppose trade marks that infringe on yours. This means that monitoring for trade marks that are identical to or deceptively similar to yours is essential to utilising your trade mark rights. <\/p>\n\n\n\n

What is a Conflicting Trade Mark?<\/h2>\n\n\n\n

A conflicting trade mark is a trade mark that is identical or deceptively similar to another trade mark. Conflicting trade marks can cause confusion about the origin of a trade mark, which can be deceptive to consumers. Therefore, you should oppose any trade marks that conflict with yours. <\/p>\n\n\n\n

Once a trade mark application has been filed and the trade mark approved by IP Australia, trade marks are advertised in the Australian Official Journal of Trade Marks. You have two months from the date the conflicting trade mark has been advertised in this journal to make your opposition. Any third party is entitled to oppose a pending trade mark<\/a>.<\/p>\n\n\n\n

How Can I Oppose a Conflicting Trade Mark?<\/h2>\n\n\n\n

If you have identified a conflicting trade mark that is pending registration, you will need to file a \u2018notice of intention to oppose\u2019 and a \u2018statement of grounds and particulars\u2019. You can find information about these forms in the table below:<\/p>\n\n\n\n

Form<\/strong><\/td>Purpose<\/strong><\/td>Fee<\/strong><\/td><\/tr>
Notice of intention to oppose<\/a><\/td>A notice of intention to oppose serves as evidence that you intend to oppose a trade mark.<\/td>$250<\/td><\/tr>
Statement of grounds and particulars <\/a><\/td>A statement of grounds and particulars outlines the grounds on which you are opposing the conflicting trade mark. You must file the statement of grounds and particulars within one month of providing a notice of intention to oppose.<\/td>N\/A<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Extension of Time<\/h2>\n\n\n\n

Suppose you need time to file your notice of intention to oppose or to submit your statement of grounds and particulars. In that case, you may receive an extension of time under certain circumstances. These circumstances include if:<\/p>\n\n\n\n