In brief - Reforms to impact significantly on how trade
mark oppositions are managed
The
Raising the Bar statutory reforms that commence on 15
April 2013 will introduce substantive changes to Australian trade
mark opposition process and procedure. The reforms will impact
strongly on the way trade mark oppositions are presently managed
and will also likely affect the tactics and pace of any commercial
negotiations or co-existence discussions.
A flowchart summarising the new trade mark opposition process is
at the end of this article.
Timetable for trade mark opposition process condensed
significantly
In short, the burden to identify relevant grounds of opposition
and to substantiate an opposition case has been bought sharply
forward, a positive requirement to indicate whether an opposition
will be defended has been imposed, the periods within which to
oppose and file evidence have been condensed and rights to
extensions of time to oppose and to suspend
