Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Australia
Yes.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
5.2
Who has standing to oppose a trademark application?
 
Australia
Any person can oppose; but the opponent is generally a party that will be in some way affected by the presence of the trademark on the register.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
5.3
What is the timeframe for opposing a trademark application?
 
Australia
Within two months of advertisement of acceptance of the trademark.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
5.4
Which body hears oppositions?
 
Australia
The registrar of trademarks (or the registrar’s delegate).

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
5.5
What is the process by which an opposition proceeds?
 
Australia
The steps are usually as follows:

  • The opponent files a notice of intention to oppose.
  • Within a further month, the opponent files a statement of grounds and particulars.
  • Within one month of filing of the statement of grounds and particulars, the trademark applicant files a notice of intention to defend if it wishes to defend the opposition.
  • The opponent then has three months to file evidence in support (by way of statutory declaration).
  • The applicant then has a further three months to file material in response (by way of statutory declaration).
  • The opponent then has a further three months to file evidence in reply (by way of statutory declaration).
  • Either party can request a hearing with oral or written submissions, failing which the matter will be determined on the documents filed.
For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Australia
Yes, to the Federal Court or the Federal Circuit Court.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers