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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