{"id":5566,"date":"2021-07-21T12:04:32","date_gmt":"2021-07-21T02:04:32","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5566"},"modified":"2021-08-12T18:31:33","modified_gmt":"2021-08-12T08:31:33","slug":"working-with-a-lawyer-oppose-a-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/opposition\/working-with-a-lawyer-oppose-a-trade-mark\/","title":{"rendered":"Benefits of Working With a Lawyer When You Oppose a Trade Mark"},"content":{"rendered":"\n

Understandably, trade mark opposition seems like a daunting process. With all the different forms required for the opposition, the accompanying evidence and different deadlines you must meet, there is a lot to consider when undertaking trade mark opposition<\/a>. However, for the reasons explained in this article, you can widely benefit from working with a lawyer throughout trade mark opposition, making the overall process much more manageable. <\/p>\n\n\n\n

What is Trade Mark Opposition? <\/h1>\n\n\n\n

Put simply, trade mark opposition is the formal process of objecting to someone\u2019s trade mark registration or an application concerning an already registered trade mark. From the day IP Australia advertises an application as accepted on the Registry, you have a two-month period to file a notice of intention to oppose the application if you believe the application falls within any of the grounds listed in the Trade Marks Act<\/em>.<\/p>\n\n\n\n

Once you have submitted your notice to IP Australia, you have one month to support your opposition with a statement of grounds and particulars. This is where you must identify the ground for opposition you rely upon and provide specific reasons why the application satisfies the ground provided. <\/p>\n\n\n\n

Upon receiving your statement, the applicant of the trade mark you are opposing has one month to decide whether to defend against your opposition. This will then initiate a series of evidentiary processes where you must exchange evidence back and forth with the defendant. Once all the evidence is compiled, the opposition will proceed to the hearing stage. At this stage, a delegate of IP Australia will consider both sides of the proceedings and make a final decision.\u00a0<\/p>\n\n\n\n

As you can likely tell, trade mark opposition is no light fare. It involves a formal legal process that can become complex<\/a>, considering all the different requirements that arise throughout the proceedings. Nevertheless, trade mark opposition can be easily navigated with the help of a lawyer for the reasons expressed below.\u00a0<\/p><\/blockquote>\n\n\n\n

Preparing Your Case <\/h1>\n\n\n\n

As mentioned above, you cannot oppose a trade mark application for any reason. Rather, you must rely on a ground for opposition set out in the Trade Marks Act<\/em>. These grounds include that the application: <\/p>\n\n\n\n