Facing A Trade Mark Opposition? Now You Have Twice The Time To Act
Are you a business owner facing an opposition to your trade mark application?
If you’ve answered ‘yes,’ you’ll welcome the recent announcement by IP Australia that the period allowed for filing your Notice of Intention to Defend (NID) has been doubled from one month to two months.
This extended deadline came into effect on 19 December 2025 and is particularly good news for small business owners who are under significant time pressures and who may not necessarily have ready access to a trade marks expert.
Now you have twice the amount of time to act if you’re facing a trade mark opposition which is excellent news if you want to give yourself the best possible chance of successfully defending your position.
What does the additional time to file a Notice of Intention to Defend Against Oppositions mean for business owners?
Trade mark law is complex and attention to detail is paramount. A mistake or omission can be costly so this additional month is invaluable in allowing the business owner facing this sort of trade mark dispute sufficient time to properly consider the opponent’s position, as well as their own, and determine if they should prepare and file an NID.
With double the time now allowed for filing an NID against Oppositions, business owners now have much-needed leeway for careful, accurate and thorough consideration of their position.
The extra time also opens up greater opportunity for trade mark owners to get advice from a trade marks professional in order to give themselves the best chance of mounting a successful defence against oppositions.
What situations does the new two-month time limit for filing an NID apply to?
There are a number of situations where this extended period can be applied including:
- Filing an NID to an opposition to the registration of a trade mark
- Filing an NID to a non-use application for a trade mark registered in Australia
- Filing an NID to an application to cease protection of an international trade mark as a result of non-use
- Extending protection to an international trade mark registration designating Australia
When does this new time period come into effect?
This extended deadline for the filing of an NID to opposition and non-use proceedings only applies to proceedings that commenced before IP Australia on or after 19 December 2025.
What other changes were announced by IP Australia in December 2025?
This extended NID filing deadline was among several amendments implemented by IP Australia to streamline and simplify our trade mark system.
Some amendments also related to international trade marks and were designed to ensure that Australian standards align with those of the international Madrid Protocol system.
In our view, the extension to the time period for filing a NID in oppositions is arguably the most important operational improvement for small business owners. It’s a genuine opportunity for those people who manage their own IP to make well-considered decisions and to feel more confident about protecting their valuable brand assets. However, it is also arguably an ‘annoying’ change, as opponents now have to wait longer to see if the applicant in a matter is intending to defend their position.
You may be interested in learning about some of the other relevant amendments which came into effect in December 2025 – and you can read more on here on dismissing dormant cases, hearing deferments and partial replacement of international trade marks in this article entitled ‘Trade Mark Rules Just Changed: What Australian Businesses Need to Know for 2026’.
Key takeaways
The benefit of the increased two-month NID deadline is significant – particularly to those small business owners who have limited resources, who are managing their own intellectual property (IP) assets and who are generally under significant time pressures.
The additional month allowed for filing a Notice of Intention to Defend an opposition gives business owners:
- Time to ensure the best possible outcome for their business
- Time to engage a trade marks professional
- Time to prepare a defence with care and precision
- Time to protect their valuable IP asset
Why a trade marks attorney is an important ally
Don’t wait until you’re served with an opposition notice to engage a trade marks attorney. You’ll be surprised at just how affordable a legal expert can be – and how they can actually save you money in the long run.
The MMW team has a combined experience of more than 40 years. Our principal attorney and director has over 25 years’ experience in Australian and international trade mark matters and we have been offering affordable trade marks services to businesses of all shapes and sizes since opening our company, Mark My Words Trademark Services in 2011.
We want to take away the burden of administering your trade mark portfolio from you – freeing you up to focus on the important business of running your business!
We will always ensure that your important IP assets are protected optimally and you can trust our professional team to keep abreast of any legislative and administrative changes relating to trade mark law and respond to matters timeously, accurately and cost-effectively.
Wherever you are in Australia and beyond our borders, you’re welcome to get in touch with one of our approachable and friendly trade marks attorneys on any domestic or international trade mark matter. With us, there’s no such thing as a silly question – and we will always provide qualified advice and recommendations in plain, easy-to-understand language and with total cost transparency.
