After a trade mark or patent application is accepted by the Intellectual Property Office, it is advertised to give interested parties a chance to oppose the application. This is called the opposition process. Even after an application has been granted, patents, trade marks, registered designs and plant variety rights can be revoked – the revocation process.
How do I challenge or defend my IP rights?
To challenge the grant of a patent or trade mark, you must apply in writing, setting out the basis of the opposition. The applicant can defend their application by filing a counter-statement. They may also amend the application to address the matters you’ve raised, or they can abandon it altogether.
The Commissioner will give the applicant and the opponent equal opportunity to be heard before deciding whether to allow the application to proceed.
The process is similar for challenging IP rights after they’ve been granted.
How can AJ Park help me?
We can help you challenge or defend your trade marks, patents, registered designs or plant variety rights before or after they are granted. We can take you through the process from start to finish including:
- advising whether you should challenge a right or negotiate
- filing challenges to trade marks, patents, designs, or plant variety rights
- assisting you to defend your application if it has been opposed
- appearing at the Intellectual Property Office or in Court on your behalf
- negotiating settlements to intellectual property disputes
We regularly appear before IP Australia, the Intellectual Property Office of New Zealand and the New Zealand and Australian courts in opposition and revocation proceedings.
Our experience in acting for many local and international companies on significant opposition and revocation actions has resulted in favourable outcomes for clients in contentious cases involving trade marks, patents, registered designs and plant variety rights.
Our qualified team works closely with the technical experts at AJ Park to achieve the best outcomes for you.
If you need plain English advice on challenging or defending an IP right, get in touch with one of our experts below.