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5 Things to Know About Opposing a Trade Mark
Trade mark applications are not always plain sailing. There may be reasonable grounds for opposition to your application.
What Can Be Opposed?
A trade mark can be opposed within two months of being advertised as accepted. Amendments to a trade mark application, or extensions to time periods to complete a relevant act, can also both be opposed.
Reason For Opposition
Grounds for trade mark opposition include that a similar trade mark exists, the trade mark is not distinctive, the application was filed in bad faith, the applicant is not the true owner or does not intend to use the mark.
Steps For Opposition
If a third party wishes to oppose an application, they must undertake two steps. These include providing a notification of intention to oppose, and a statement of grounds and particulars. The applicant can choose to defend the opposition.
Advise Intention To Oppose
A notice of intention to oppose may be filed with IP Australia and a fee paid (within two months of the application being advertised as accepted), followed by a statement of grounds and particulars within one month of the notice of intention to oppose.
React to the Opposition
You can defend your trade mark application against opposition by filing a notice of intention to defend with IP Australia. This must be done within one month of receiving the statement of grounds and particulars of the opposition.