Trade Marks Act and regulation changes

Trade mark oppositions

  • The opposition period will be reduced to two (2) months.
  • From 15 April 2013, the Notice of Opposition will have two (2) components:
    • Notice of Intention to Oppose
    • The Statement of Grounds and Particulars
  • A Notice of Intention to Defend will be introduced for opposition proceedings commenced on or after 15 April 2013.
  • A cooling-off period will be introduced for opposition proceedings commenced on or after 15 April 2013.
  • The assessment of reasons for an Extension of Time relating to opposition proceedings will be more stringent.
  • The period in which to file Evidence in Reply has been reduced to two (2) months for opposition proceedings commenced on or after 15 April 2013.
  • Provisions and fees relating to Further Evidence have been removed for opposition proceedings commenced on or after 15 April 2013.

Trade mark examination

The new subsection 41(1) state that an application for the registration of a trade mark must be rejected if the trade mark is not capable of distinguishing the applicant's designated goods or services from the goods or services of other persons.