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ARTICLE · 05 AUGUST 2009

Resolving Trade Mark Opposition Proceedings Faster

IP Australia has recently released a consultation paper entitled "Resolving Trade Mark Opposition Proceedings Faster".

AustraliaIntellectual Property

IP Australia has recently released a consultation paper entitled "Resolving Trade Mark Opposition Proceedings Faster". This paper sets out a number of proposals which are directed at improving the Australian intellectual property system and is aimed particularly at resolving trade mark oppositions in a more efficient manner.

Extensions of time to oppose/filing a notice of opposition

IP Australia proposes to remove the following grounds for extending the period of filing a notice of opposition:

  • conduct of genuine negotiations; and
  • undertaking of research to decide whether to oppose the grounds of opposition.

If these grounds are removed, it will only be possible to extend the period for filing a notice of opposition in the case of an error or omission by IP Australia, the opponent, or its agent, or if there are circumstances beyond the control of the party concerned.

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