How to file a trade mark opposition with IP Australia
To oppose an accepted Australian trade mark, file a Notice of Intention to Oppose with IP Australia within two months of advertisement of acceptance under section 52 of the Trade Marks Act 1995 (Cth). Follow with a Statement of Grounds and Particulars within one month, then evidence in support.
The framework
Trade Marks Act 1995 (Cth); Trade Marks Regulations 1995 (Cth); IP Australia Trade Marks Manual of Practice and Procedure.
The process
Monitor the Official Journal of Trade Marks
Acceptance is published weekly in the Official Journal. Opposition is only available once a mark is accepted, not during examination.
Identify grounds under Part 5
Key grounds include sections 42 (scandalous or contrary to law), 43 (deceptive or confusing), 44 (similar to earlier mark), 58 (not the owner), 59 (no intention to use), 60 (reputation and confusion), and 62A (bad faith).
Search earlier rights
Conduct clearance searches on the Australian Trade Marks Search, common law rights, company and business names, and use records.
File Notice of Intention to Oppose
Lodge through eServices within two months of advertisement of acceptance. Fee payable under Schedule 9 of the Regulations.
File Statement of Grounds and Particulars
Within one month of the Notice of Intention, file a detailed Statement of Grounds and Particulars identifying each ground and the material facts under regulation 5.7.
Applicant files Notice of Intention to Defend
The applicant has one month to file a Notice of Intention to Defend. Without it, the application lapses.
Evidence in support
The opponent files Evidence in Support within three months of the Notice of Intention to Defend — declarations, use evidence, reputation surveys, and expert evidence.
Evidence in answer and reply
The applicant files Evidence in Answer within three months, then the opponent may file Evidence in Reply within two months (regulations 5.9–5.11).
Hearing or decision on papers
Parties elect a hearing or decision on the papers. The Delegate of the Registrar issues written reasons, often 3–6 months after close of evidence.
Appeal to the Federal Court
Appeals lie to the Federal Court of Australia under section 56. The appeal is by way of a hearing de novo under the Federal Court Rules 2011 (Cth).
Forms and templates
- Notice of Intention to Oppose — eServices
- Statement of Grounds and Particulars
Common mistakes
- Missing the two-month opposition window after acceptance
- Filing a thin Statement of Grounds and Particulars that forfeits grounds
- Relying on reputation without credible survey or sales evidence
- Missing deadlines in the evidence stages (extensions are discretionary)
- Pleading section 44 only and overlooking stronger section 60 / 62A grounds
Get this process right with Quillio
Quillio can draft a Statement of Grounds and Particulars across multiple sections, structure declaration evidence, and prepare hearing submissions to the Delegate. See /practice-areas/commercial-lawyers.
General information only, not legal advice. Trade mark oppositions are technical and evidence-heavy. Engage an Australian trade mark attorney or IP lawyer.
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