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Oppositions to trade marks
What does opposition mean?
An 'opposition' is a formal objection to an action, in this case registration of a trade mark. If another person objects to a trade mark being registered he or she can file a notice of opposition with IP Australia in the three month period following the date on which acceptance of the trade mark was advertised in the Australian Official Journal of Trade Marks.
What can be opposed?
Any person may oppose. A person includes a company but not a trading style.
Are oppositions common
No. Less than ten percent of the trade marks accepted each year for possible registration are opposed.
What is likely to happen once a trade mark is opposed?
Most oppositions can be settled between the parties with the result that the application for registration or the notice of opposition is withdrawn. If the parties can’t settle, the Registrar of Trade Marks has to decide whether or not the trade mark may be registered. The decision is based on the evidence submitted by each party.
The preparation of evidence can be costly and time consuming. It may take more than a year before all the evidence has been prepared and served on the other party and the opposition is ready for decision. Once a decision is made the losing party is generally ordered to pay the other party’s costs.
Where can I find out more?
The information guides below give an overview of oppositions from each perspective – the person applying for registration and the person opposing registration.
- A guide to trade mark oppositions for trade mark applicants
- A guide to opposing registration of another person’s trade mark
Information about specific aspects of an opposition such as the award of costs is available here.
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