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 […]
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 […]
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 […]
If you come across a trade mark that is no longer in use, it may be considered an abandoned trade mark. Abandoned trade marks are available for registration upon removal from the Trade Mark Registry. This article explains: what abandoned trade marks are; key considerations to make before registering an abandoned trade mark; and the […]
Often, trade mark owners can come across accepted trade mark applications that bear a close resemblance to their already registered trade marks. In this instance, owners have a two-month window from when IP Australia advertises a trade mark as accepted to oppose the trade mark application. This article outlines the basics of trade mark opposition […]
It is likely that you will conduct trade mark searches before, during and after applying for a registered trade mark. The Australian Trade Mark Search is a publicly available registry that allows you to search trade marks registered in Australia and their corresponding owner. This article outlines the benefits of conducting a trade mark search […]
Some people believe that a trade mark is simply a sign associated with a brand. A trade mark is not just a logo, contrary to common opinion. It may be a message, word, sound, picture, packaging feature, or combination of those things. It is important to take early and proactive steps to protect your valuable […]
There are instances where someone might register a trade mark but then choose not to use the trade mark. This could result from the owner no longer operating their business which the trade mark protected, or if the owner only registered the trade mark with the sole intention of excluding others from using it. These […]
