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Trade Marks The
Application Process for your Trade MarkOppositions
to trade marks
Oppositions to trade marks
What does opposition mean?
In trade mark terms, 'opposition' is a formal objection to
an action.
What can be opposed?
- An application to register a trade mark that has been advertised accepted
(this includes a certification and a defensive trade mark);
- an application to remove a trade mark from the Register of Trade Marks;
- an application for an extension of time (under section 224 of the
Trade Marks Act 1995).
Who can oppose?
Anyone may file an opposition.
What about forms?
Our forms for opposition proceedings may be viewed on-line within our resources
section. Limited quantities in printed form may also be available at your local
IP Australia state office. It
is not a requirement that these forms be used, but they provide a useful guide
to prospective opponents.
For more information about trade mark oppositions, download one of our information guides:
 An
Information Guide to Trade Marks Oppositions (National)
This is an information guide to the trade mark opposition process in regard
to:
- Section 52 - registration of a trade mark advertised as accepted;
- Section 96 - removal of a registered trade mark; or
- Section 224 - extension of time for more than 3 months advertised for opposition
of the Trade Marks Act & regulations 1995.
An
Information Guide to International Trade Marks Oppositions
This is an information guide to the trade mark opposition process in regard
to:
- Regulation 17A.29 - extension of protection for an International Registration Designating Australia (IRDA);
- Section 96 - cessation of protection of a Protected International Trade Mark (PITM); or
- Section 224 - extension of time for more than three months advertised for opposition and which is in relation to a IRDA or PITM
of the Trade Marks & Regulations Act 1995.
Representing
Yourself at a Trade Mark Hearing
Information
guide - provision of written submissions or a written outline in respect
to a hearing
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