Opposition against a trademark in Australia

Comprehensive Legal Advice in the Trademark Opposition Procedure in Australia

Our law firm provides you with thorough legal support in the opposition process against the registration of trademarks in Australia. If you find that your trademark rights are threatened by the registration of a new trademark, you can actively file an opposition to protect your interests.

Deadlines for Filing an Opposition

In Australia, it is necessary to submit the opposition within 2 months after the publication of the contested trademark to the Australian Intellectual Property Office (IP Australia). Timely submission is crucial to ensure that your opposition is processed.

Common Grounds for Opposition

There are several common grounds that may justify an opposition:

• Likelihood of Confusion: If the new mark is similar to your existing mark, this may lead to confusion among consumers.
• Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use.
• Insufficient Distinctiveness: A mark that is not sufficiently distinctive or uses generic terms may be deemed unprotectable.

Procedure and Processing Time

The entire opposition process can take several months, depending on the complexity of the case and the processing time of IP Australia. Throughout the entire process, we will keep you informed about all relevant developments and progress.

Our Services for Protecting your Trademark Rights

• Assessment of Success Chances: We conduct a comprehensive analysis of the likelihood of success for your opposition and provide strategic recommendations to strengthen your position.
• Documentation and Argumentation: We handle the preparation of all necessary documents for your opposition and present your arguments clearly and convincingly.
• Individual Legal Advice: We assist you in developing a tailored strategy for enforcing your trademark rights and provide helpful tips on best practices.
• Representation in the Procedure: We manage communication with IP Australia and keep you continuously informed about the progress of your application.

Free Initial Assessment to Clarify your Situation

We offer you a free and non-binding initial assessment in which we thoroughly analyze your situation and provide valuable recommendations for the next steps. Your inquiry will, of course, be treated confidentially.

If you need further information or support in other countries, please do not hesitate to contact us. We are always available to assist you and look forward to helping you.