T he most frequent trade mark oppositions are where a party seeks to:
- prevent a trade mark application that has been advertised as accepted from gaining registered rights; or to
- remove an existing registered trade mark on the basis of non-use
Although any “person” can initiate trade mark opposition proceedings it is usually a competitor who will seek to do so. A trade mark opposition can only be on specified legal grounds.
The opposition procedure is technical and complex. It is certainly a good idea to seek specialist legal advice. As IP Australia states; “Trade mark oppositions can be lengthy, complex and costly, particularly if you are the unsuccessful party. If you are considering filing or defending an opposition, it may be in your interest to first seek the advice of a registered trade mark attorney, a qualified trade mark agent, or a solicitor with expertise in trade mark matters.”
As a specialist, McIntoshIP can provide you with a prompt well-considered legal advice as to your trade mark opposition matter. We will be pleased to provide you with a written quote once we understand your particular case and the work it will involve.