19 March 2013 Raising the bar - trade mark opposition periods change


In Brief

Changes to Australia's intellectual property regime will come into full effect on 15 April 2013.  These changes affect many of the processes and procedures for patent, design and trade mark protection.

For trade mark owners, this will mean that the period within which a third party can oppose an accepted application from being registered will be reduced from 3 months to 2 months.  The change also applies to opposition to removal of a trade mark for non-use. This change will apply to any trade marks that are advertised as accepted on or after 15 April 2013, or any applications for removal of a trade mark advertised on or after 15 April 2013. 

This shorter timeframe means that trade mark owners need to review any market monitoring that they currently undertake, to ensure that their processes allow for sufficient time to meet this significantly shorter deadline. This change makes it even more important to act quickly (and to obtain appropriate specialist advice) if there is any concern with a competing application that has been accepted, or if an application for removal of a registered trade mark is made. 

If you would like further information about this, or any of the other changes, or would like to discuss implementing a trade mark monitoring program, please contact Swaab Attorneys.

Co-authored by M Hall.

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This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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