Trade Mark Opposition
Trade Mark Opposition
Challenging an accepted application — or defending yours — with clear guidance at every decision point.
At a glance
Opposition window
Two months from advertisement
Decided by
IP Australia, not a court
Many resolve via
Negotiation or amendment
First step
A clear read on your position
An opposition is the formal process for challenging a trade mark application after IP Australia accepts it — before it becomes a registration. If you've received notice that someone is opposing your application, or you've spotted an accepted application that's too close to your mark, the deadlines are short and the steps are procedural. Oppositions don't go to court: they're decided by IP Australia through a structured exchange of grounds, evidence and, sometimes, a hearing.
Why clients engage us
Opposition work is part of the registered practice of a trade marks attorney
Clear guidance at each decision point — plain English, honest odds
Upfront about costs at every stage
Trade marks are all we do
What’s included
A guided, step-by-step service with clear advice at each stage.
01
Filing and running oppositions against conflicting applications
02
Defending your application when it's opposed
03
Evidence preparation and submissions
04
Negotiation, coexistence and settlement discussions
05
Honest advice on whether opposing is worth it at all
Best suited to
When opposing makes sense — and when it doesn't
Not every similar-looking application is worth opposing. It's worth serious consideration when the accepted mark is close to yours and covers the same or similar goods or services, when you were using your mark first and can evidence it, or when letting it register would box in how your brand can grow. It's often not the right move when the marks coexist in genuinely different markets, or when a commercial conversation resolves it faster and cheaper. An opposition is a tool, not a default — we'll tell you plainly which situation you're in.
You've received a notice that someone is opposing your application
A conflicting application has just been accepted and the two-month window is running
You want to negotiate coexistence rather than fight
You're weighing whether an opposition is worth the cost at all
Our process
Simple, clear, and carefully guided.
If your application is being opposed, receiving the notice doesn't mean your application is lost. It means someone objects, and there's now a process.
Note every deadline
The process is deadline-driven from the first notice. Missing one can decide the matter by default.
Understand the stated grounds
Oppositions must specify grounds — knowing them shapes everything about the response.
Choose the path deliberately
Defend, negotiate, amend, or withdraw. Many oppositions settle through coexistence agreements or amendments — early decisions set the cost and direction of the whole matter.
In practice
How this service helps in practice.
01
Opposed out of nowhere
Typical risk
Deadlines lapse while you work out what the notice means
How we help
We translate the grounds into plain English, diarise every date, and give you honest odds before you spend.
02
A too-close application was just accepted
Typical risk
The two-month window closes and your options shrink to harder, dearer processes
How we help
We assess quickly whether the ground and evidence justify opposing — and say so plainly if they don't.
03
Both businesses can actually coexist
Typical risk
A year of adversarial process nobody needed
How we help
We negotiate coexistence or amendment terms that protect what actually matters to your brand.
Related paths
Services clients commonly explore next.
Related service
Trade Mark Attorney
Who we are and how we work — registered practice, plain English, upfront costs.
Explore service →Related service
Examination Report Help
Objections from the examiner (a different process from opposition) — clear response options.
Explore service →Related service
Free Trade Mark Search
Not sure what you're dealing with yet? Start with the register.
Explore service →Frequently asked questions
Common questions, answered clearly.
Before you enquire
A premium advisory experience, without the friction.
Free, no-obligation initial review
Clear next steps and practical guidance
Response within 1 business day
Enquire now
Choose your preferred way to get started.
Start with the option that best matches where you are. If you want advice on timing and next steps, book a consultation. If you already have a name, logo, or brand in mind, start with a free trademark search.
Consultation
Book a Free Consultation
Ideal if you want practical guidance on your options, timing, and next steps.
Book a Free ConsultationTrademark search
Get a Free Trademark Search
Ideal if you already have a name, logo, or brand and want an initial review before taking the next step.
Get a Free Trademark Search