Opposition to Registration or Removal
What happens when someone objects to your trade mark being registered?
The 'opponent', has three months from the date the acceptance of your application was advertised in which to object to your trade mark, by filing a Notice of Opposition [304.2 KB]. Your trade mark registration process is then temporarily stopped until the merits of the opposition can be decided.
It is the opponent's responsibility to make sure their evidence contains sufficient information to show why your trade mark should not be registered. It is your responsibility, as the trade mark applicant, to make sure your evidence answers the opponent's case.
Be aware there is a high standard of proof in a trade mark opposition. Evidence that may have been sufficient to get your application accepted, may not be sufficient to make out your case in an opposition.
The opponent who filed the notice also has to satisfy the Registrar of Trade Marks that at least one of the grounds in the notice has been established. To do this the opponent has to prepare evidence. The original evidence has to be filed with us and a copy served on you, the trade mark applicant.
In response, you may decide the opponent has not made out a case for registration to be refused, and that it is not necessary for you to prepare any evidence in answer to the opposition.
You should consider seeking professional advice when making a decision regarding oppositions.
Last Updated: 13/12/2012
