Trade Mark Attorneys

Trade Mark Oppositions

Skilled trade mark attorneys, providing tailored support to individuals and businesses regarding trade mark registrations, oppositions and approvals.

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What Is A Trade Mark Opposition?

Trade mark opposition refers to a legal procedure that allows a third party to try and stop the registration of a trade mark.

To have grounds for a successful trade mark opposition, an individual or business must be able to demonstrate that registration of that trade mark would adversely affect them or another party. While there are a number of reasons an opposition may be lodged, the most common is that the registration would lead to a danger of deception or confusion among consumers.

Other common reasons for an opposition are that:
- The applicant is not the owner of the trade mark
- The trade mark is identical or similar to another trade mark or application
- The trade mark is the same or similar to another trade mark that already has a reputation in Australia

A third party may file for trade mark opposition against an entire application or parts thereof such as goods and services classifications.

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Trade Mark Opposition And You

Whether you are filing a trade mark application and receive a notice of intention to oppose, or believe you need to oppose another’s application, the process is carefully managed by IP Australia and strict deadlines apply for each step of the process.

No matter which side you find yourself on, you’ll need to be prepared.

If you are notified of an opposition to your trade mark you’ll need to either refute this opposition and provide evidence against any claims made or accept this, meaning your application will lapse.

Equally, if you are seeking to file a trade mark opposition against someone else’s accepted and published trade mark, you’ll need to have plenty of evidence to support your position. The onus is on the Opponent to prove why the trade mark should be refused.

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Can I Navigate The Trade Mark Opposition Process On My Own?

Managing the trade mark opposition procedure without professional help can be complex and confusing.

Depending on the scope of the filed opposition you could be dealing with one small concern or a total revision of your entire application. Once a notice of opposition and statement of grounds and particulars is lodged, you will only have one month to decide if you want to defend your application.

What qualifies as legitimate grounds for opposition and what is accepted as evidentiary support on both sides is something that is best advised on by a trade mark attorney.

Pursuing a trade mark opposition against someone or attempting to defend yourself against one without help is possible, however, it is not recommended.

You risk improper handling of the opposition process and could end up with a less-than-desirable outcome.

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How A Trade Mark Opposition Attorney Can Help

Choosing to engage an expert in trade mark law, such as a trade mark attorney, ensures every aspect of trade mark opposition is professionally handled.

From sourcing adequate evidence to make or oppose a claim, to making sure all deadlines are met, a trade mark attorney acts to protect your interests and minimise stress.

If you are yet to apply for a trademark and are concerned about the possibility of opposition, an attorney in this field can help with this too.

When managed from start to finish by an expert, opposition is less likely as all due diligence has been done before filing.

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IP Guardian - Skilled Trade Mark Attorneys

With decades of combined experience behind them, IP Guardian offers extensive expertise in trade mark law and the handling of trade mark oppositions.

Whether we filed your initial application on your behalf, or you did this independently, should an opposition be filed we can help. Conversely, if you feel an accepted trade mark threatens your existing IP, we can guide you through filing an opposition too.

Our unmatched service and advice ensure the smooth resolution of any trade mark oppositions for reduced stress and finalisation of your application.

Dedicated and professional in our approach, we have helped both individuals and businesses successfully register their trademarks even if opposition is raised.

Accessible and affordable, obtaining qualified legal advice has never been easier. With our guidance, you can achieve optimal outcomes without compromising on service and confidently respond to any trademark oppositions.

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