Other types of opposition
Opposing an extension of time for more than 3 months
A request made under section 224 of the Trade Marks Act 1995, for an extension of time of more than 3 months can be opposed.
Common reasons for opposing an extension of time of more than 3 months include:
- sufficient time has already been allowed
- a party would be adversely affected if the extension was granted
- the reasons given for the extension of time are not sufficient.
Filing an Opposition
To oppose an extension of time for more than 3 months, the opponent must file a notice of opposition and the relevant fee with us.
The notice of opposition must be filed within 1 month of the request for the extension being advertised in the Australian Official Journal of Trade Marks.
We may decide the practice and procedure to be followed in this type of opposition and will direct the parties accordingly.
Opposing an amendment to a trade mark application
A person may oppose an amendment to a trade mark application if they consider that they will be adversely affected by the amendment.
Filing an Opposition
To oppose an amendment to a trade mark application after the particulars have been published, you must file a notice of opposition and the relevant fee with us.
The notice of opposition must be filed within 1 month of the request for the amendment being advertised in the Australian Official Journal of Trade Marks.
We may decide the practice and procedure to be followed in this type of opposition and will direct the parties accordingly.
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.
More information
Last Updated: 24/4/2013
