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In the world of trade marks, it’s not uncommon to receive opposition from someone after you register it. Whether you’re a small business or a large enterprise, challenges to your registered trade mark can arise unexpectedly.
Let’s say you’ve just registered a trade mark for your business, and you’re still awaiting IP Australia’s final approval (this period is now typically around 2 to 3 months in 2025, thanks to improved digital processing systems). A few weeks later, you might receive notice that someone is filing an objection to your proposed trade mark registration, claiming it is too similar to theirs.
You might believe that their trade mark is not similar enough to hinder your registration, so you decide to contest the objection.
This is where you’d file a Notice of Intention to Defend – read on to learn more about how to navigate this process in 2025.
What Is Trade Mark Opposition?
When someone registers a trade mark, there is a period during which it is still pending approval and other parties can object to its registration. This means that even after you claim your brand, challenges may arise.
This process is known as a trade mark opposition. Often, opponents argue that your trade mark is too similar to theirs, or they may be attempting to remove their own trade mark from competition in the market.
It’s important to note that opposing a trade mark can be both time consuming and costly, so it’s wise to speak to a legal professional who can guide you through your options. You may also find our legal tips and info sheets useful when planning your defence.
How Do I Contest A Trade Mark Opposition?
If someone has raised an objection to your trade mark registration and you wish to contest it, you’ll need to file a Notice of Intention to Defend. In these proceedings, the party making the objection is referred to as the ‘Opponent’, while you are the ‘Applicant’.
Typically, the opponent will have filed a Notice of Intention to Oppose alongside a Statement of Grounds and Particulars, which are submitted to IP Australia.
Once you receive these submissions, you have one month to respond by filing your Notice of Intention to Defend. After this stage, both parties enter the evidence phase where you present your arguments and supporting documentation.
Following the evidence stage, the parties may request a hearing before IP Australia. The hearing officer will issue a written decision based on the facts presented. If no hearing is requested, IP Australia will make the final determination solely based on the documentation submitted, in accordance with the updated procedural guidelines for 2025.
What Can Be Opposed?
According to IP Australia, a number of applications can be opposed, including:
- An application to register or protect a trade mark
- An application to remove a trade mark from the register
- An application for an extension of time (longer than 3 months)
- An application to amend a trade mark application
A Notice of Intention to Oppose may be filed by any interested third party, meaning the process is not limited to a direct competitor. For more detailed information, check out our article on opposing a trade mark.
Need A Lawyer?
Trade mark oppositions can be complex and stressful, so speaking to a lawyer can help manage the process and reduce potential risks. Our team at Sprintlaw is experienced in handling these matters, ensuring you receive expert advice tailored to your situation.
At Sprintlaw, we offer a Notice of Intention to Defend package which includes:
- Drafting and filing a Notice of Intention to Defend in relation to opposition proceedings
- Complimentary phone consultations with a Sprintlaw lawyer who will take your instructions and advise you on the relevant legal issues
If you’d like a consultation about your options moving forward, contact us on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat. For further assistance with securing your brand, you might also consider our trade mark initial consultation services.
As trade mark disputes become increasingly common in today’s competitive market, staying proactive with your intellectual property strategy is crucial. By keeping meticulous records and seeking timely legal advice, you can minimise disruptions to your business and maintain a strong brand presence. For further insights on all aspects of intellectual property, visit our Intellectual Property Services page. Remember, early intervention is key to a successful resolution.
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