Received an opposition or non-use application? Don’t leave it sitting in your inbox. The applicable deadlines can be short, and missing a procedural step can affect your position.
Defending an opposition
If someone opposes your trade mark application, you’ll need to respond within the applicable deadlines if you want to defend it. We’ll assess the grounds of opposition, advise you on your options and manage the evidence, submissions and negotiations required to protect your application.
Removing an unused trade mark
If an existing trade mark is blocking your application, we can assess whether it may be vulnerable to removal for non-use. We’ll review the circumstances, explain whether a non-use action is available and help you assess the commercial and legal risks before you proceed.
Weighing up your options
Not every opposition or non-use matter needs to run all the way through the formal process. Depending on the circumstances, negotiation, settlement or a targeted response may provide a more practical way forward. We’ll explain your options and help you decide how to proceed.
How we help
Every opposition and non-use matter is different. We’ll:
assess the position and the relevant trade marks
explain the grounds, risks and available options
advise on the evidence and information you may need
prepare and manage the necessary documents
deal with IP Australia and the other party where appropriate
keep you informed about deadlines and what happens next
The aim is to resolve the issue in a way that makes sense for your business.