Oppositions & Non use

Oppositions & Non use - Griffith Hack

The effective management of trade mark oppositions is vital to achieve and maintain a competitive advantage through trade marks. Opposition proceedings can be taken against an application to register a trade mark on various grounds, including that it is similar to an existing trade mark or its use may cause confusion or otherwise be contrary to law. Oppositions are necessary to prevent the registration of trade marks which may confuse the public, dilute the distinctiveness of an existing mark, or adversely impact on the business of an existing trade mark owner.

Once registered, a trade mark can also be removed from the Register by a non-use action (if the registered mark has not been used for a continuous period of three years) or by a revocation action (if the trade mark was wrongly registered or wrongly remains on the Register). Such actions often form part of a broader trade mark strategy, for example in assisting another trader to secure registration for the same or a similar mark.

Griffith Hack's attorneys have a proven track record in the successful conduct of oppositions, non-use and revocations actions, including complex and difficult matters. Our attorneys have considerable experience in preparing evidence and legal submissions, attending Trade Marks Office hearings and arguing in support of our clients.


Please contact one of our listed people on the right for further advice.


Contacts

profile image
Chris Sgourakis BSc LLB LLM Principal Melbourne | 03 9243 8300
profile image
Nicola Scheepers LLB BCom Principal Sydney | 02 9925 5900
profile image
Anne Makrigiorgos LLM BSc Principal & Trade Mark National Practice Group Leader Melbourne | 03 9243 8300

Related news & publications