Evidence
In opposition proceedings there are three main evidence stages:
- Evidence in support of the opposition - the opponent must file this evidence with us within 3 months of being given a copy of the notice of intention to defend.
- Evidence in answer to the evidence in support - the applicant/holder must file this evidence with us within 3 months of being formally notified that all evidence in support has been filed. If there is no evidence in support, the applicant/holder may file evidence in answer to the statement of grounds and particulars.
- Evidence in reply to the evidence in answer - the opponent must file this evidence with us within:
- 3 months for opposition proceedings commenced before 15 April 2013 of being formally notified that all evidence in answer has been filed
- 2 months for opposition proceedings commenced on or after 15 April 2013 of being formally notified that all evidence in answer has been filed
- Be aware that there is a high standard of proof in a trade mark opposition.
Evidence that may have been sufficient for the trade mark application to be accepted, may not be sufficient to make out the case in an opposition.
Filing evidence
From 15 April 2013 all evidence must be filed with us. We will give a copy of the evidence to the other party. There is no requirement to serve evidence or documents on the other party.
Form of evidence
All evidence must be in declaratory form. Any attached documents, annexures or exhibits should be clearly identified and referred to in the declaration. Trade Marks Regulations 21.6 and 21.7 set out the form declarations should take.
Alternatively, you may use the standard declaration form.
Extensions of time to file evidence
The time allowed for filing evidence may be extended if certain circumstances are met. Either party can apply to us for an extension of time to file evidence.
- A fee applies to all extension requests.
- The other party will be told of the request and may object to the extension request.
- Disputed extension requests sometimes need to be resolved with a hearing that deals solely with the extension request.
More information
Last Updated: 24/4/2013
