International oppositions
If you want to oppose an international trade mark application (seeking protection in Australia) then the following procedures apply.
To oppose the extension of protection in Australia to an International Registration Designating Australia (IRDA)
You must file a notice of opposition within three months from acceptance of the IRDA in the Australian Official Journal of Trade Marks.
The registrar may extend this time provided certain conditions are met. The opponent is not required to serve either a copy of an extension of time application or notice of opposition on the holder, however, the registrar must notify the International Bureau (IB) in Geneva of the filing of a notice of opposition. The IB notifies the holder.
The holder must have an address for service in Australia in order to contest the opposition.
To oppose an application for removal (cessation of protection of a protected international trade mark trade for non-use)
You must file a notice of opposition with us within three months of the application for removal being advertised in the Australian Official Journal of Trade Marks.
The registrar may extend this time provided certain conditions are met. A copy of the notice of opposition must be served on the other side, as soon as possible, and details of service provided to the Registrar of Trade Marks.
If removal action is taken or the scope of protection is restricted or ceases, the registrar must notify the IB.
To oppose an extension of time
You must file a notice of opposition with us within one month of the extension application being advertised in the Australian Official Journal of Trade Marks.
A copy of the notice of opposition must be served on the other side, as soon as possible, and details of service provided to the Registrar of Trade Marks.
Last Updated: 13/12/2012
