RAISING THE BAR
The trademark opposition landscape in Australia seems set to become a race against time following an overhaul of procedure flowing out of the Raising the Bar legislation. Ike Papageorge and Madeleen Rousseau report.
Aſter a thorough review of trademark procedures, trademark oppositions were identified as an area where changes needed to be made. Under the previous system, relatively long delays were allowed, but these new rules, which came into effect on April 15, 2013, are designed to force parties to resolve disputes within much shorter timeframes.
While this is good news, it has serious implications
for the opposing party who
will now have a much shortened timeframe to file an opposition, define, nominate and substantiate the exact grounds of opposition and to collect and finalise evidence. Te trademark applicant must now also take steps to defend the opposition, which was not required under the previous system.
Te Trade Marks Office anticipates that the new rules will cut opposition delays by as much as 12 months. Tis seems beneficial, but places immense pressure on the parties involved.
From April 15, 2013 opposition proceedings will be governed under the new regime which briefly is as follows:
www.worldipreview.com
• Te opposition period is reduced to two months for all applications advertised aſter April 15, 2013.
• Opposing a trademark application requires the filing of two documents: a Notice of Opposition and a Statement of Grounds and Particulars. Both must be filed to constitute a valid opposition.
• Defending an opposition requires the applicant to file a Notice of Intention to Defend.
• Extension requests for filing evidence will be granted only for limited reasons.
• A cooling-off period has been introduced.
• Service between the parties is no longer required and all documents must be served on the registrar who will send them to the other party.
Working with the changes
All trademark applications advertised aſter April 15, 2013 are advertised for the reduced period of two months and extensions of time to file an opposition will be granted only in limited circumstances and where the registrar is satisfied that there has been an error or omission beyond the control of the opponent.
World Intellectual Property Review Annual 2013 83
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