Opposition to Registration or removal
In trade mark terms, an opposition is a formal objection to an action. Anyone is able to make an opposition.
The following can be opposed:
- an application to register or protect a trade mark that has been advertised as accepted (this includes certification and defensive marks);
- an application to remove a trade mark from the Register, or to end its protection because it has not been used;
- an application for an extension of time of more than three months (under section 224 of the Trade Marks Act 1995);
- an application for an amendment to a trade mark application (under section 65A of the Trade Marks Act 1995)
What parts of the Act apply?
- For opposition to registration or protection of a trade mark, see Part 5 of the Act; Part 5 and Part 17A of the Regulations.
- For opposition to applications to remove a trade mark from the Register or to cease protection for non-use see Part 9 of the Act; Part 9 and Part 17A of the Regulations.
- For opposition to extensions of time see section 224 of the Act; Division 2A of Part 21 of the Regulations.
- For opposition to amendments to trade mark applications see section 65A of the Act; Division 2 of Part 6 of the Regulations.
Seek professional advice
Oppositions can be lengthy, complex and costly. If you are considering filing or defending an opposition, it may be in your interests to seek the assistance of an IP Professional.
Fees
There are fees associated with oppositions.
More information
Last Updated: 12/4/2013
