Opposing a Trademark

An opposition is a formal and proper objection to a Trade Mark Registration. There are numerous reasons why a party will go against a trademark registration and oppose it. For instance they may: 

• think the mark is distinctively similar to their mark
• own a registered mark and another party is trying to eliminate their trademark 

Any interested entity can record a Notice of Intention to Oppose. Opposing a mark can be mind boggling and expensive. In the event that you are thinking about opposing the mark, you might need to look for help from an IP professional prior to filing an opposition.

It is your obligation as the owner of the mark to monitor your Trade Mark and make sure it is protected from potential infringements and utilize the court framework to make a move against the infringement.

Applications that can be opposed include:

• An application to Register Trade Mark that has been advertised as accepted.
• An application to Remove a Trade Mark from the register because it has not been used.
• An application for an Extension of Time of more than three months.
• An application for an Amendment to a Trade Mark application.

Some common reasons for opposition include:

• The Trade Mark is indistinguishable or basically the same as another mark which is either Registered, Pending Registration, or An International Mark seeking protection in Australia.
• Deception or confusion because of the reputation of another Trade Mark. 
• If the applicant is not the true owner of the Trade Mark.

 

To learn more about Trade Mark oppositions, or if you need help with an opposition, please email the Trademark Team at info@trademarker.net.au! Our Expert IP team will be more than happy to help!