Anyone aggrieved by another party trying to register a particular trade mark may oppose the trade mark application.

Opposing a trade mark application involves filing a Notice of Opposition at IPONZ.

The Notice of Opposition should be filed within three months of the trade mark application being advertised as accepted in the Patent Office Journal.

The most common grounds for opposing a trade mark application are:

• The applicant is seeking to register a mark which is too similar to a mark that is already on the Register.
• The applicant is not entitled to own the trade mark.
• The trade mark which the applicant is seeking to register is confusingly similar to a trade mark that is already in use.

If the trade mark applicant does not respond to the Notice of Opposition by filing a Counterstatement, then the trade mark application is deemed abandoned.

If a Counterstatement is filed them both the Opponent and the Applicant can file evidence at IPONZ supporting their respective arguments and the issue is then decided by an IPONZ Hearings Officer.

For further information, cost estimates and advice on opposition proceedings, a trade mark specialist will contact you by [clicking here]