What do to when you see someone apply for a Trademark that is a little too similar to yours? You can oppose the mark!
Trademarks are open to opposition after they are being advertised as accepted in the Australian Official Journal of Trade Marks. It basically begins with a notice of intention to oppose being filed with IP Australia. If you are intending to file for an opposition, you need to file the intention to oppose notice within two months of the target trade mark being advertised as accepted. Simply put, there are two steps to filing an opposition:
- The first step to oppose a trade mark is filing a notice of intention to oppose and submitting the relevant fee.
- The second step requires you to submit a statement of grounds and particulars within one month of filing a notice of intention to oppose. This can be done free of cost and no charges are required for the statement of grounds and particulars.
If no statement of grounds and particulars is submitted within the required period, opposition will not be considered or filed. Moreover, the process will have a cooling-off period before the decision made by IP Australia and after the statement of grounds and particulars have been submitted.
It is important to mention that IP Australia provides the option of extending the time to file the notice of intention to oppose and the statement of grounds and particulars if the opposing party requires more time. The extension is available if:
- There are errors or omissions on the statement or notice by the opponent
- There are errors or omissions by IP Australia
- Other circumstances beyond the control of the opposing party.
For more information on opposing a third party mark, speak to our team today!
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