# Trade Mark Opposition > Facing a trade mark opposition, or need to oppose someone else's application? Clear, practical guidance from a registered trade marks attorney. Canonical: https://www.signifyip.com.au/trade-mark-opposition Last updated: 2026-11-09 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 ## Executive summary 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 ## A guided, step-by-step service with clear advice at each stage. - Filing and running oppositions against conflicting applications - Defending your application when it's opposed - Evidence preparation and submissions - Negotiation, coexistence and settlement discussions - Honest advice on whether opposing is worth it at all ## 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 ## 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. ### Step 1: Note every deadline The process is deadline-driven from the first notice. Missing one can decide the matter by default. ### Step 2: Understand the stated grounds Oppositions must specify grounds — knowing them shapes everything about the response. ### 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. ## How this service helps in practice. ### In practice: 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. ### In practice: 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. ### In practice: 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 ### How long does a trade mark opposition take? Longer than most people expect — the evidence stages alone span months, and contested matters can run a year or more. Many resolve earlier through negotiation. ### How much does an opposition cost? It depends on how far it runs — many settle early. We're upfront about costs at each stage before work starts. ### How long do I have to defend my application? For applications whose acceptance was published on or after 18 December 2025, the notice of intention to defend is generally due within two months after the applicant receives the statement of grounds and particulars. Earlier matters may have a one-month deadline. Always follow the deadline stated in the IP Australia notice for the specific proceeding. ### Can I oppose a trade mark that's already registered? Opposition applies to accepted applications. A registered mark can be challenged through different processes, such as non-use removal or cancellation — a different conversation, and we can advise on it. ### What happens if I do nothing about an opposition to my application? Deadlines pass and the application can lapse. If you've received an opposition notice, get advice promptly. ## Related - [Trade Mark Attorney](https://www.signifyip.com.au/trade-mark-attorney) - [Examination Report Help](https://www.signifyip.com.au/services/examination-reports) - [Free Trade Mark Search](https://www.signifyip.com.au/free-trademark-search) - [Book a free consultation](https://www.signifyip.com.au/contact)