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Trade mark adverse reports are essential notifications that flag issues with the trade mark you are trying to register. They might indicate a simple error-such as mislabelling the goods and services your trade mark will cover-or reveal that the trade mark is already in use.
The process of registering a trade mark remains a precise and thorough journey in 2025. Often, the application process is so detailed that responses may not always be as upbeat as you’d hoped, but every piece of feedback is there to help you refine your brand’s protection.
Fortunately, if you’ve been hit with an adverse report from IP Australia, there are several ways to move forward. In this article, we’ll cover:
- What a trade mark adverse report is
- The circumstances under which you might receive one
- Various ways to respond to a trade mark adverse report
- The role of the ‘opposition period’ in the registration process
- How to ensure your trade mark has international validity
What Is A Trade Mark Adverse Report?
A trade mark adverse report in 2025 is essentially a negative response to your trade mark application. It signals that certain issues have arisen during the assessment process, and your application, as it presently stands, fails to meet IP Australia’s current requirements.
The report is typically issued after you have filed your application-or after completing a TM Headstart application. Once your submission has been reviewed and IP Australia determines the trade mark cannot be registered, they will issue an adverse report listing the specific reasons for rejection. For advice on navigating these issues, you might also find our Trade Mark Adverse Report Advice page useful.
If you’ve received an adverse report, there’s no need to panic! You have 15 months to respond to the report (with the option to request an extension) and decide on your next steps.
When Would I Receive A Trade Mark Adverse Report?
You’ll receive a trade mark adverse report when IP Australia determines that your trade mark does not meet the required distinctiveness or other statutory criteria. In 2025, as ever, the emphasis is on originality and clarity-your trade mark must be both unique to your business and specific to the goods or services it represents.
Typically, adverse reports arise for several common reasons, including:
- Your trade mark is too generic and not sufficiently distinctive
- There is an existing registered trade mark that is identical or confusingly similar
- An error was made in completing the application
It’s not unusual for trade mark applications to come back with adverse reports, and sometimes even to be rejected outright. In today’s competitive market, thorough research and precise application details have never been more critical. For further reading on the fundamentals of trade marks, check out our Trade Marks: What and Why article.
| Example Eden Sarl, a French company, attempted to trade mark the unique aroma of fresh strawberries for its beauty and leather goods. However, the EU’s trademark office rejected the application, explaining that the scent of strawberries is not singularly distinct and can vary significantly between fruits. |
I’ve Received A Trade Mark Adverse Report: What Do I Do?
If you’ve received an adverse report, remember you have 15 months to respond. The appropriate course of action depends largely on the reasons cited in the report. Below are some commonly pursued options:
Amend Your Request
If your trade mark was rejected due to an issue with the class of goods or services selected, you have the option to amend your application. This might involve clarifying or correcting the description of your offerings, ensuring your trade mark accurately represents your business.
Submit Evidence of Use
If you’ve been using your trade mark for your business, even if a similar mark exists, you can submit evidence of your prior use. Demonstrating that your trade mark has been in genuine, consistent use-even before the conflicting mark was registered-can strengthen your case. For more details on bolstering your application, see our guide on the benefits of a TM Headstart application.
Get Consent from Conflicting Trade Mark Owners
If IP Australia finds that your trade mark is too similar to an existing one, you might consider negotiating with the owner for consent. This involves reaching an agreement wherein the owner allows your trade mark to be registered, often by making adjustments to the scope of goods or services. A letter of consent should clearly state:
- The application numbers for both trade marks
- Representations of the trade marks
- The specific goods or services that the consent applies to
To learn more about the negotiation process, have a look at IP Australia’s guidelines on negotiating with owners of conflicting trade marks, or explore our Trade Mark Adverse Report Advice package for expert guidance.
Drop the Trade Mark Application
As a final resort, you may decide to drop the application entirely. While this option may be disheartening-since it often means rebranding or starting the creative process again-it might save you from long-term legal complications. If you choose this route, ensure you plan your next steps carefully. For advice on rebranding and protecting your intellectual property, explore our IP Health Check service.
| Example Mason is launching his burger joint, Mason’s Burgers, and designed a bold, bright orange “M” for his trade mark. His lawyer recommended a TM Headstart application to prepare for potential issues. Unfortunately, the application was returned negatively because Mason’s design bore too close a resemblance to the iconic McDonald’s logo within the same service class. Faced with legal hurdles, Mason chose to redesign his mark. |
Once your trade mark is approved, it enters an opposition period of two months, during which the public can lodge objections if they believe the mark conflicts with their rights.
What Is the Trade Mark Opposition Process?
The trade mark opposition process is the final hurdle before your trade mark is officially registered. Once IP Australia approves your application, your trade mark is published for opposition for two months. During this time, third parties can challenge your trade mark-for example, if they feel it infringes upon their established rights. If no opposition is received, your trade mark proceeds to full registration.
What Happens If My Trade Mark Infringes Someone Else’s Trade Mark?
If your trade mark infringes on another, IP Australia will reject your application. Your options under such circumstances include:
- Creating a new trade mark
- Negotiating to purchase the trade mark from the current owner
- Providing evidence that you have been using your trade mark in commerce for longer than the conflicting party
Because these situations can be complex, it pays to get expert legal advice. Our team is ready to help you navigate these tricky waters.
Is My Trade Mark Valid Overseas?
A trade mark registered through IP Australia is only valid within Australia. In 2025, if you wish to secure international protection for your trade mark, you will need to apply through an international mechanism.
For global protection, consider applying via the Madrid System. This system allows you to extend your trade mark registration to approximately 128 countries. You can also check out our detailed guide on trade mark and copyright protection overseas for more comprehensive insights.
How to Apply for an International Trade Mark
Before you can secure international protection, make sure your trade mark is registered in Australia. Once that’s done, you can use the online facilities provided by the Madrid System to apply for protection in other countries. For additional assistance, our legal professionals can help guide you through the process outlined in our trade mark registration guide.
Looking ahead in 2025, it’s vital to stay informed about evolving legal standards and the upgraded online tools from IP Australia. These tools now offer real-time application tracking and automated notifications, making the whole process smoother than ever. For further tips on compliance and protecting your intellectual property, visit our Legal Tips & Info Sheets.
Key Takeaways
Receiving an adverse report doesn’t spell the end for your trade mark registration journey. Here’s a quick recap of our main points:
- An adverse report indicates that there is an issue with your trade mark application.
- Common reasons for adverse reports include lack of distinctiveness, similarity to existing marks, or application errors.
- You have several options to address an adverse report: amend the application, submit evidence of use, secure consent from conflicting owners, or drop the application altogether.
- After approval, your trade mark enters a two-month opposition period where third parties can object to its registration.
- To register your trade mark internationally, apply either directly in foreign jurisdictions or through the Madrid System.
- Staying updated with the latest IP regulations and using available legal resources can help safeguard your brand in 2025 and beyond.
If you’ve received an adverse report from IP Australia, Sprintlaw offers a Trade Mark Adverse Report Advice package that walks you through your options and next steps.
For a free, no-obligations consultation on trade mark adverse reports, call us on 1800 730 617 or email team@sprintlaw.com.au. We’re here to help you protect your brand and get your legal legals sorted in 2025!
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