Trade Mark Opposition

Trade Mark Opposition

Challenging an accepted application — or defending yours — with clear guidance at every decision point.

5.0 on Google
Registered Trade Marks Attorney45+ Years Combined Experience

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.

1
Step 1

Note every deadline

The process is deadline-driven from the first notice. Missing one can decide the matter by default.

2
Step 2

Understand the stated grounds

Oppositions must specify grounds — knowing them shapes everything about the response.

3
Step 3

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.

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

Get in touch

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 Consultation

Trademark 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