Trade mark applications are filed with IP Australia.  If accepted for registration they are advertised for acceptance.  From the date of being advertised, accepted trade marks are open to a three month opposition period.

Under the Trade Marks Act 1995 (Cth) there are a number of set grounds under which a party can oppose the registration of an accepted trade mark application. 

Some grounds for trade mark opposition include:

• that the applicant of the accepted trade mark is not owner of the trade mark
• that the applicant's use of the accepted trade mark would cause consumer confusion, due to the opponent's reputation in its own similar or same mark
• that use by the accepted mark by the applicant would be contrary to law
• that the applicant of the accepted mark filed the trade mark application in bad faith

Trade mark oppositions are conducted by IP Australia.  The trade mark opposition process is a useful dispute process, as an alternative to the more costly process of litigation.  Of course in some cases, litigation will be the more appropriate course of action. However like litigation, a substantial number of oppositions are resolved prior to reaching a hearing.  It can provide a useful forum to open dialogue between the disputing parties and reach potential settlement.

Our attorneys and lawyers have strong experience in trade mark oppositions, representing both local and international clients and associates.  Our team has strong technical knowledge and capabilities to reach the a result in line with your business needs. 

Place an Online Enquiry  to contact a Trade Mark Attorney or call us on 1300 768 730.