Trademark Opposition & Non-Use Matters

Trademark Opposition

If another person feels that your trademark 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 trademark. They will have two months to lodge this notice, from the date your trademark 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 trademark should not be allowed to register.

You must file, within 1 month of 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.

In the event you encounter a trademark 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 trademark 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 trademark may become vulnerable to removal if it:

  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 registered 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 trademarks for non-use, as well as handle any opposition to such a request should one be made against your trademark.

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