Answer ... 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.
Answer ... Within two months of advertisement of acceptance of the trademark.
Answer ... The registrar of trademarks (or the registrar’s delegate).
Answer ... 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.
Answer ... Yes, to the Federal Court or the Federal Circuit Court.