How to oppose a trade mark in Australia

IP Australia's timeframes page describes four stages for a trade mark application: the application is filed, it is examined, it is accepted, and it is registered. Examination usually takes 3 to 4 months from the date the application is filed. Once an application is accepted, it is advertised for two months. Registration follows once any oppositions are resolved. In all, registering a trade mark in Australia takes at least 7 months.

The two months after acceptance is the window for opposing. IP Australia's page on challenging someone else's IP says anyone can question the registration of an IP right, and that a notice of intention to oppose is filed within two months of the trade mark being accepted, as published in the Australian Official Journal of Trade Marks.

The first step is a notice of intention to oppose. It is filed through IP Australia's online services, within the two-month window. IP Australia's fee for filing a notice of intention to oppose registration is $250 per application.

If more time is needed, IP Australia lists a fee of $150 per month to apply for an extension of time to file a notice of intention to oppose registration.

The next step is a statement of grounds and particulars, which sets out the reasons for the opposition. IP Australia's page gives the timeframe as one month after the notice of intention to oppose.

There is no separate fee listed for a standard statement. IP Australia lists a fee of $250 for each extra ground or trade mark when the statement has more than 3 grounds of opposition or more than 10 trade marks. An extension of time to file the statement is $150 per month.

Once an opposition is filed, the applicant has a decision to make. IP Australia's page for applicants says the notice of intention to defend is completed within one month of receiving the notice of opposition. If the applicant decides not to, the application lapses.

If the application is defended, the opposition moves to evidence, in three stages:

• Evidence in support: the opponent files evidence within 3 months of receiving a copy of the notice of intention to defend.
• Evidence in answer: the applicant files evidence within 3 months of being notified of the evidence in support.
• Evidence in reply: the opponent files evidence within 2 months of being notified of the evidence in answer.

IP Australia notes that the hearing officer is unlikely to consider evidence that has been submitted late. Extensions of time to file evidence are possible where a party shows it made reasonable efforts to comply or that exceptional circumstances prevented it. The fee for an extension of time to file evidence in an opposition to registration is $150 per month, and filing late evidence is $500 per application.

A party that doesn't want to file evidence needs to tell IP Australia in writing.

The two sides can agree to a cooling-off period at any time after the statement of grounds and particulars is filed and before a decision is made. It lasts six months, and can be extended by a further 6 months if both parties agree.

Once the evidence stages are complete, a hearing can be requested through online services. IP Australia describes two kinds: an oral hearing, an interactive presentation conducted by a hearing officer and usually held online, and a hearing by written submissions based on the evidence filed. A decision can also be requested without a hearing.

The fees IP Australia lists are $700 for the first day of an oral hearing and $700 for each following day, $500 for a hearing by written submissions, and $400 to request a decision without a hearing.

The hearing officer evaluates the evidence and submissions and then makes a decision. Decisions can be appealed to a court, and IP Australia's hearings page sets out where and the time limits.

Opposition applies to applications. For a mark that is already registered, IP Australia's page describes a different process: a request to remove it for non-use. For marks filed on or after 24 February 2019, that request can be made once three years or more have passed since the mark's details were registered, if the owner hasn't used it, or hasn't used it in good faith. For earlier marks, it is five years or more since the filing date. The fee is $350 per application.

• How to challenge someone else's IP
• Opposition and objection fees
• Evidence in oppositions and PBR objections
• Opposition hearings
• How to respond to an opposition
• Trade mark timeframes and fees

Last checked: 4 October 2026. Fees and timeframes change, so check IP Australia's pages before you rely on them.

This is information only, not legal advice.

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