You might be surprised one day to receive in your e-services inbox a notice of opposition to your trade mark application. Whilst opposition proceedings are fairly common, they can quickly become complex given the different deadlines and evidentiary requirements at each stage of the process if you choose to defend the opposition. This article outlines: […]
Trade mark opposition is where any third party formally objects to the registration of a trade mark application. While the opposition process is fairly structured, it can quickly become a demanding process with different deadlines and evidentiary requirements at every stage. This article outlines four mistakes you should avoid when opposing a trade mark application […]
Put simply, trade mark opposition is where someone formally objects to the registration of a trade mark. You can initiate a trade mark opposition for a number of reasons, the most common being that you oppose the accepted trade mark on the basis that it is too similar to your existing trade mark. This article […]
As a trade mark owner, defending an opposition to your trade mark application is a big deal. After all, if the opposition is successful, IP Australia can limit your use of your trade mark or even remove it from the Register altogether. However, there are some common mistakes you can avoid when replying to trade […]
Once IP Australia has advertised a trade mark application as accepted, there is a two-month window in which any third party can oppose the application. While the opposition process is relatively straightforward, it can quickly become a long and complex process if deadlines and evidentiary requirements are not met. This article outlines four tips you […]
If your trade mark does not meet IP Australia’s requirements, you will receive an adverse examination report in response. This report will give you the reasons you did not meet the requirements and give you options to respond and overcome these reasons. These options will differ depending on the issues mentioned in the report. To […]
Given all the different deadlines involved in opposition proceedings, it is easy to forgo certain steps in the proceedings. Whilst missing a deadline can be fatal to your opposition, there is a chance that you can apply for a time extension with IP Australia during any stage of the opposition proceedings. This article outlines the […]
From the moment IP Australia advertises they have accepted a trade mark amendment application on the Registry, you have the opportunity to oppose the amendment. Where a trade mark opposition is successful, this can result in IP Australia removing the application from the Registry. This article outlines three useful tips to help you oppose a […]
Whether or not you have a registered trade mark, it is important to understand trade mark infringement. This is because trade mark law is designed to protect the legal rights of registered trade mark owners. Therefore, having some knowledge about the rights of trade mark owners can help you avoid disputes. To help you better […]
Before you decide to defend an opposition to your trade mark application, you should consider the requirements involved in such proceedings. By thinking ahead, you can make a better-informed decision as to whether you wish to proceed with your defence. To help you reach your decision, this article outlines the basics of trade mark opposition […]
