What is a trade mark opposition?
When a trade mark application is filed and accepted by IP Australia any third party has two months in which to oppose its acceptance. Trade mark oppositions are different from court proceedings and instead are conducted by the Trade Marks Hearings Office of IP Australia. It can function as a useful dispute resolution process as an alternative to litigation or used in conjunction with pre-litigation strategies (although in some cases, litigation may still be the more appropriate course of action). Like our intellectual property litigation practice, trade mark oppositions are a core capability of this firm. A trade mark opposition can arise in two ways:
1. A competitor files for a trade mark which is accepted for registration and is too similar to your trade mark – you then file an opposition against it; or
HOW CAN ACTUATE IP ASSIST?
It is vital that you obtain accurate, specialist advice on how best to deal with a trade mark opposition tailored for your particular circumstances. Actuate IP will work with you to manage the trade mark opposition process. As a starting point we will invest time at the outset to understand the nature of your dispute and how it relates to your business and what your business wants to achieve from the dispute – whether you are enforcing your rights or defending a trade mark opposition made by another business against you. With this understanding we will provide you with a detailed and considered Fixed Fee Proposal that provides you with initial recommendations and fixed fee options on how to approach the dispute in a way that will achieve the right outcome for you. You can then decide whether our firm will be the right fit for your business.