Ligamine, Solicitors And Consultants



Opposition is the legal procedure that allows you to try to stop a published mark going on to become registered.

A trade mark that has been accepted may be opposed on any of the grounds for rejection set out in Division 2 of Part 4 of the Trade Marks Act 1995 (except for section 40) and also on the basis of sections 58 to 62A.

The most common reasons for opposition include:

  •     the trade mark is identical or very similar to another registered or pending trade mark (section 44) or an international registration that is seeking or has gained  protection in Australia (regulation 4.15A)
  •     deception or confusion is likely because of the reputation of another trade mark in Australia (section 60)
  •     the trade mark applicant is not the true owner of the trade mark (section 58)

To oppose an action you must satisfy us that at least 1 of the grounds for rejection has been established. You can oppose the entire application, or only some of the goods or services it covers.

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