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13. Opposition

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13.1 Notice of Opposition (Regulation 73 and 74)


A notice of opposition to an application for registration of a trade mark must contain the following:

  • The name and address for service of the opponent;
  • If the opponent has an agent, the agent’s name;
  • A description or representation of the trade mark;
  • The number of the application;
  • The class or classes, or the goods or services, to which the opposition relates;
  • The ground or grounds of opposition.
  • The prescribed fee of $300+ GST

 

 

13.2 Counter-statement (Regulation 80)


The counter-statement must contain the following information:

  • The applicant’s name and address for service;
  • If the applicant has an agent, the agent’s name;
  • A response to the opponent’s grounds of opposition, by admitting, denying, or claiming lack of knowledge of each assertion made in the grounds of opposition;
  • A brief statement of the grounds on which the applicant relies in support of the application for registration.

 

Last updated 16 November 2009