Oppositions Against Registration

 

 

 

 

 

 

 

 

 

Welcome

Welcome to Australian Trade Mark Opposition Law.

The purpose of this site is to provide quick, reliable answers to practitioners working with trade mark oppositions and appeals.  Therefore the aim is to keep excessive academic discussion to a minimum and make good use of relevant and helpful citation to authorities. 

This site is still under development but growing rapidly. We are pleased to be able to present the concise commentary guide to our left, which is currently enriched with approximately 20,000 words of useful and practical information on Australian trade mark opposition law.  If the section you require is not yet published please return later or email the editor on sykes@vicbar.com.au.

CPE/CPD Presentations

Below are our downloadable CPE/CPD Presentations to help trade mark practitioners keep informed. If you would like to be notified when new presentations are posted please email sykes@vicbar.com.au to request to be included on the mailing list.

 

Other Online Resources

Below is a series of other online resources from other publishers which are useful for professionals involved in trade mark opposition proceedings.

List of Recent Trade Marks Office Decisions (Austlii)
A list of recent Trade Marks Office decisions in relation to trade mark oppositions to registration and applications for removal for non-use.


List of Recent Federal Court Decisions (Austlii)
A list of recent Federal Court decisions on all subject matters, including appeals from trade mark opposition decisions of the Trade Marks Office.


The Trade Marks Act 1995 (Cth) (Austlii)
An online version of the Trade Marks Act 1995.


The Trade Marks Regulations 1995 (Cth) (Austlii)
An online version of the Trade Marks Regulations 1995


ATMOSS (IP Australia)
The Australian Trade Marks Office database.


Search for Australian Surnames (IP Australia)
Provides a search tool which can indicate how common a surname is for the purposes of oppositions under s.41 of the Trade Marks Act.


Search for International Nonproprietary Names for Pharmaceutical Substances (IP Australia)
Provides a search tool which can indicate whether a trade mark contains an International Nonproprietary Name for the purposes of oppositions under s.41 or s.43 of the Trade Marks Act.


Trade Marks Office Manual of Practice and Procedure (IP Australia)
The manual used by trade mark examiners and hearing officers.


IP Wars (Warwick Rothnie)
A detailed and regularly updated blog on various current issues in intellectual property law.  This site is authored by the respected IP Barrister, Warwick Rothnie.  It contains updates on new intellectual property cases and reforms (including on trade marks) that are invaluable for trade mark attorneys and other IP professionals.