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Non-Use Matters and Trade Mark Opposition Matters

Trade Mark Opposition

If another person feels that your trade mark should not become registered they will have an opportunity to lodge a notice of their intention to oppose after the government office has approved your trade mark. They will have two months to lodge this notice, from the date your trade mark has been advertised as accepted. They must then file (within 1 month from the filing of their notice) a further statement outlining all of their grounds and particulars as to why they feel your trade mark should not be allowed to register.

You must file, within 1 month of receiving their statement a notice of your intention to defend against the opposition. Failure to do so will result in your mark lapsing and not proceeding to registration.

Help From Your Trade Marks Attorney

In the event you encounter a trade mark opposition we can attend to this on your behalf, including filing of the notice of intention to defend, receiving any evidence of the other party and reviewing/reporting on it as well as preparing and serving any evidence you may need to provide.

Likewise, if you become aware of another person trying to register a trade mark you don’t feel that they should, you may wish to oppose. We can assist in drafting and submitting the relevant notices and statements on your behalf.

Non-Use Matters

A trade mark may become vulnerable to removal:

  1. If it was filed before 24 February 2019 and has remained on the register for five years, but has not been used for three continuous years (ending one month before a person seeks to remove it);
  2. If it was filed on or after 24 February 2019 and has remained on the register for three years (ending one month before the date a non-use application is filed) and, at no time during that period has the owner used it; and/or
  3. Was first filed without the required good faith intentions to use it and has not been used in good faith since.

We can assist in filing requests to remove trade marks for non-use, as well as handle any opposition to such a request should one be made against your trade mark.
It’s important to be aware that there are strict time limits in place once a notice of opposition has been filed and it is crucial to act timeously.  You can be confident that the professional team at MMW Trademarks Services will meet the deadlines for any opposition or non-use matter so as to avoid compromising your position and prevent unnecessary delays or additional costs.

Has someone filed an intention to oppose registration of your trade mark?   Or do you believe someone is unlawfully trying to register a particular trade mark?  Perhaps you are concerned about non-use which may render your trade mark vulnerable?  If any of these apply to you, you should contact our trade marks attorneys for advice and assistance on the appropriate course of action.  We will achieve the best outcome for your business.

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Real People, Real Reviews

Mark My Words Trademark Services Pty Ltd
Excellent
5.0
Based on 33 reviews
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We've been clients of Mark My Words for quite a few years now, and not once have I ever doubted that my business is in the very best hands when it comes to handling our IP with trademarks in Australia and throughout the world. Jacqui has expertly guided us through a number of trademark purchases that were straightforward, as well quite a few other instances where we've had to overcome objections, negotiate trademark conflicts, and defending our own trademarks. The communication is perfect and the team always goes above and beyond to make sure we understand our options and possible costs before making any decisions. I highly recommend Mark My Words to any small business needing help with trademarks.
My company, Weyo, invested significant time and money in developing its brand identity so it only made sense to ensure Weyo was a protected trade mark. Mark My Words have been our first and only choice for assisting with our IP and trade mark needs across the world. This was particularly important as Weyo’s first launch was a collaboration with the Wiggles followed closely by collabs with Sesame Workshop and Oddbods so we needed to be sure everything was in place. Jacqui and her team deliver every time. 10 out of 10!!!
Jacqui has been a trusted external advisor to Funlab. Through our expansive and rapid domestic and international journey Jacqui has been a consistent and constant source of counsel. Her professional, proactive and wholesome approach to IP has been welcomed for many years. Thankyou.
Brooke and Jacqui were extremely helpful with a less than straight forward IP matter my company had to overcome. They were really great in keeping me informed of the process as it progressed and we achieved the best outcome.
Mark My Words were the perfect solution to my Trademark registration needs. They have been so professional and thoughtful along the journey, providing me regular updates and a streamlined service. I filled out a few details and they took over from there with no glitches and a wonderful result! I now have a trademarked writing business in Australia and I plan on protecting myself in other countries too. I wouldn’t go anywhere else. Thank you to the team for looking after HeartWriting® Workshops Australia!
Jaqui and staff at MMW have been excellent and very professional. I started with a large company who grossly overcharged and failed to do the necessary work. Still paying them off by the way! Then I found Jaqui and staff who went out of their way to assist for reasonable charges Go with a smaller company and get personalised service like I did. They go out of their way to offer advice at reasonable fees
Wonderful team, with great knowledge and experience in their work.They provide super quick, comprehensive responses to my questions and offer kind advice, regardless of the nature of the job. Such a great team with wise management.they are true professionals.
Our experience with Mark My Words has been excellent. We worked with Jacqui Pryor on US trademark infringement issues with no charge for the email consultation. Jacqui Pryor held my hand throughout the process and walked me through the steps necessary. I am very happy with the effort Jacqui Pryor made and the quality of the work. Her advice is always on point. She was always available and happy to answer any questions which is very helpful in the complex world of trademark infringement. Will continue to use Mark My Words for future IP activities. I would recommend Jacqui Pryor for anyone chasing deep trademark infringement issues.
Best of the best!I wanted to express my heartfelt appreciation to Jacqui L Pryor for her invaluable assistance with my challenging trademark case. Thanks to her expertise, I successfully secured my trademark. I highly recommend Jacqui for her exceptional thoroughness, intelligence, and skill in navigating complex legal matters. 5 stars ⭐️⭐️⭐️⭐️⭐️
Mark My Words have been excellent at getting our logo approved and communicated all the way through the process. Thanks so much. It turned out to be much easier than I had thought it would be due to you guys!
Mark My Words was a game-changer for my business. Being a business owner, it's always a challenge to find the right companies to work with. From the get-go, they grasped exactly what we needed and understood our challenges. Their efficiency and advice was spot-on, and I felt completely secure in their hands. Needless to say, I'm continuing to work with them.
I needed a bit of straightforward advice for my small business, as I wasn't sure if I needed to apply for a trade mark or whether there would be an infringement. Jacqui replied quickly, thoroughly and cleared everything up, with no charge for the email consultation. I'll definitely be back if I need more help in future.
Always friendly and helpful, MMW make the trademarking process really clear and easy.
Jacqui has been amazing in terms of advice and support when considering trademark issues in my business. I felt empowered to make informed decisions and reassured by her knowledge and professionalism. I wouldn't hesitate to engage her services again in the future. Very encouraging, quick to respond and highly professional. Many thanks Jacqui.
I have been using Mark My Words since 2011.They have taken care of my trade marks and any issues that have arisen over the years and there have been a few.Always very professional and reliable. highly recommend.
Very helpful in navigating all the requirements and answering any questions, making you feel comfortable and confident with the process. Would highly recommend!
Extremely professional service and advice, a very pleasant collaboration, which ultimately led me to successfully obtain approval in what I initially thought was an impossible trademark application process. Special thanks to Ms. Ma.
We tried to register our trademark ourselves and put it in the too hard basket after numerous rejections. We then got on to Jacqui Pryor at Mark My Words and couldn't have been happier with the ease of the process and Jacqui's clear communication style, keeping us informed and stepping us through the process to a successful registration. Couldn't recommend highly enough.
Highly recommended for their exceptional service - consistently professional from beginning to end.
The team at Mark My Words made a complex process extremely simple. Their communication was excellent throughout the process
The staff and Mark My Words Trademark Services were very helpful and always available to clarify any issues.
Great service. Highly recommended to anyone needing trademark legal services.
Jacqui and her team made the whole process so easy and efficient, especially being a busy business owner - it saved me so much time!
So good having Mark My Words handing our trademarking journey. Outstanding service at every stage of the process. Highly recommended!
Amazing service, highly recommended!
Mark My Words have processed the trademark application for my online business and social enterprise I'm Plastic Free. They are very accurate, precise, and very knowledgeable about trademarks. I'll definitely recommend them to any business that wants to protect its IPs.
I have just received my fully trademarked brand; thank you to Mark My Words Trademark Services for your seamless, informative and professional service. You have made a seemingly tough task very easy to deal with,
After months and months of dealings with a previous solicitor over trademarking, Jacqui literally got results in a matter of days.Jacqui walked me through the whole process via email, with very simple explanations and steps. I gained a world of legal knowledge from Jacqui.I would absolutely recommend Jacqui and her team, and will be using her again in the future!
Excellent service for a great price!
We've used MMW extensively across a broad range of trade mark applications in dozens of jurisdictions. The advice has been nothing but correct, actionable and timely. I couldn't encourage using MMWs services more. They are fantastic, reliable and a great addition to a busy in-house legal team.
Thank you for an all round great service,Most pleasant professionals We’ve come across
After weeks of self-directed research into IP and how to best protect myself, I only became more and more overwhelmed and unsure of where to start. After reaching out to Jacqui and the team at MMW, my queries were answered promptly and comprehensively. If it wasn't for MMW I would have wasted money on IP that wasn't registrable or helpful in protecting my brand. Thanks to their skill set and wide range of IP knowledge I could effectively protect my brand now, and for the future.
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Google Rating
5.0
Based on 33 reviews
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