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Protect your brand rights through Opposition proceedings. Expert guidance and representation for opposing third party trade mark applications or resisting an application to oppose one of yours.

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Opposition is a crucial opportunity

The opposition process remains an important safeguard for trade mark owners to protect their rights

What Is a Trade Mark Opposition?

A trade mark opposition is a formal administrative procedure filed within two months of a trade mark application’s advertised acceptance. It allows businesses to object to applications that may conflict with their rights. The process includes filing a Notice of Opposition, Statement of Grounds and Particulars, and presenting evidence through declarations. A cooling-off period of 6-12 months is available if both parties agree to seek settlement.

A Certificate of Good Standing can also be known as:

Your business name and address
Details of your Registered Agent
Purpose of your business

Why should I consider filing an Opposition?

Opposition proceedings are your key opportunity to prevent potentially conflicting marks from achieving registration that could harm your business interests. While IP Australia examines applications, they may not identify all conflicts relevant to your business. The opposition system gives you direct control over protecting your market position and brand value before a conflicting mark becomes registered and more difficult to challenge. Key reasons to consider an opposition include:

Market protection

Prevent competitors from registering marks that could confuse your customers or dilute your brand's distinctiveness in the marketplace

Cost effective

taking action during opposition is typically more efficient than trying to remove a registered mark or dealing with marketplace confusion later

Strategic timing

The two-month opposition period offers a clear window to act, while waiting until after registration requires proving three years of non-use

Evidence challenge

You can contest the validity or sufficiency of any evidence of use claimed by the applicant during examination

Making the decision to oppose a trade mark application requires careful consideration of your commercial position, available evidence, and potential outcomes. Our experienced trade marks attorneys can help you evaluate whether opposition is the right strategy for your business and guide you through the process to protect your valuable intellectual property rights.

How Do I File a Trade Mark Opposition?

Filing a trade mark opposition proceeding in Australia requires careful attention to deadlines and evidence preparation. The process begins with monitoring accepted applications that could conflict with your rights and must be initiated within two months of the application’s acceptance being advertised. Critical steps include:

Evaluation by a registered trade marks attorney of your position's strength, potential grounds, and likelihood of success, then development of a comprehensive opposition strategy and budget aligned with your commercial objectives

A registered Trade Marks Attorney will draft and file your Notice of Opposition and Statement of Grounds and Particulars, ensuring all technical requirements are met and your best arguments are presented

We help gather and present compelling evidence including sales figures, advertising materials, market surveys, and witness statements to support your opposition proceeding

Our experienced team manages the entire process, ensuring all deadlines are met while keeping you informed at every stage.

Help with Trade Mark Opposition Proceedings

Our experienced attorneys guide you through each stage of opposition proceedings, providing strategic advice and practical support. We understand that each case presents unique challenges and opportunities, requiring a tailored approach to achieve the best possible outcome.

The opposition process involves several critical phases where expert assistance is essential:

Preliminary analysis of your position and identification of strongest grounds
Strategic advice on evidence collection and presentation
Drafting and filing all required documentation and declarations
Representation at hearings or preparation of written submissions
Management of any settlement negotiations during cooling-off periods
Cost-effective solutions aligned with your commercial objectives

Our comprehensive service ensures your interests are protected while minimising disruption to your business. We handle all technical and procedural requirements, allowing you to focus on your core business activities while we manage the opposition process.

Get Opposition support with Trade Marks Office

Get Great Value for Your Money

Fixed fee options available for different stages of opposition. Transparent costs with no hidden charges.

Quick Response to Opposition Deadlines

Our experienced trade marks attorneys monitor critical deadlines and respond promptly to ensure that your opposition rights are preserved.

Take Advantage of Industry-Leading Support

Direct access to registered trade marks attorneys with extensive opposition experience.

Benefit from Strategic Opposition Guidance

Comprehensive analysis of your position and strategic advice on the best approach for your business.

Common Questions About Trade Mark Oppositions

Opposition costs vary depending on complexity, but typically range from AUD3,000-10,000+ through the full process, with costs usually following the event

Yes. In addition to professional fees, the official government fee for filing a Notice of Opposition is AUD250 per application.

A standard opposition typically takes 12-18 months from filing to decision, though timeframes can vary based on complexity and extensions.

To start an opposition with Trade Marks Office, you’ll need to provide:

Your existing trade mark details or business information
The application number you wish to oppose, or if it is your brand that has been opposed, details of the notice of opposition
Evidence of use or reputation
Supporting documentation for declarations
Company/business contact details
Preferred communication method

Contact us via phone, email or our website form. We’ll assess your opposition position and provide initial advice within 24 hours.

What do others say about Trade Marks Office?

Melinda W.

Trade Marks Office made applying for a trade mark incredibly easy. I highly recommend their service to anyone who needs to protect their brand —they're very professional. Their service is excellent, and I love that they're Australian owned and operated.

David S.

It was straight-forward and well priced for everything you get out of it. I had a good experiences with customer service, they responded within the 24hrs I sent my email and have been helpful and kind.

Mo.B

TMO is excellent and too easy; I applied for my trade mark with just a couple of clicks and it didn't cost much. Additionally, I wanted to ask about my old brand and the customer support was friendly and quick to respond. I highly recommend Trade Marks Office if you need to register an Australian trade mark.

Kevin O'H

I like TMO because they make sure your trade mark is protected and the price was the best of all the online registration websites I looked at!! They made sure that I had all of my brand's goods and services correctly classified too. I'm really happy with those guys.