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There’s an important difference between an examiner raising an objection to your trade mark application and receiving a Notice of Opposition — and it’s a difference that catches a lot of business owners out. An objection comes from IP Australia itself, usually on formal grounds like distinctiveness. An opposition comes from a third party — often a competitor, or the owner of a similar existing mark — actively trying to stop your application from proceeding to registration. If you’ve received one, the clock is running.

The deadline that matters most: you have one month from the date you’re served the Statement of Grounds and Particulars to file a Notice of Intention to Defend.  Miss that deadline and your application lapses by default, no matter how strong your mark is.

How Does a Mark Reach the Opposition Stage?

Once your application passes examination, it’s advertised for opposition purposes. That opens a two-month window during which any third party can formally oppose the registration — typically on the basis that your mark is deceptively similar to their own, that you weren’t the true owner of the mark at filing, or that the application was made in bad faith.

What Happens After a Notice of Opposition Is Filed?

• The opponent must first file a Notice of Intention to Oppose, followed by a Statement of Grounds and Particulars setting out exactly why they’re opposing and on what legal basis.
• As the applicant, you then need to file a Notice of Intention to Defend within one month of being served the Statement of Grounds and Particulars — miss it, and your application will typically lapse by default, regardless of the merits of your position.
• If you defend, the matter proceeds through an evidence stage: the opponent files evidence in support, you file evidence in answer, and the opponent can file evidence in reply.  Each stage generally runs to a period of months, and these timeframes can be extended by agreement or by IP Australia in appropriate cases.
• The matter is then decided by a hearing officer, either on the papers or at a hearing, unless it settles or is withdrawn beforehand.

Key Trade Mark Opposition Deadlines

Not sure which deadline you’re on?  Send us the notice you’ve received and we’ll confirm the dates that apply to your application.

What Are Your Options as the Applicant?

• Assess the strength of the opposition early. Not every opposition is well-founded — some are filed defensively by larger businesses as a matter of course. Understanding whether the opponent has a genuinely earlier or stronger right changes your strategy significantly.
• Consider negotiation. Many oppositions resolve through a coexistence agreement, a change to the specification of goods/services, or minor amendments to the mark, without needing a full hearing.
• Don’t miss the one-month deadline to defend. This is the most common and costly mistake — even a strong mark can be lost by default if the Notice of Intention to Defend isn’t filed in time.
• Weigh up the cost of a full hearing against the commercial value of the mark and the likelihood of success. Opposition proceedings can run for many months and involve real legal cost.

What If You’re the One Considering Opposing Someone Else?

The same process runs in reverse if you spot a new application that’s deceptively similar to your own registered or well-established mark. Acting within the two-month advertisement window is essential — once a mark proceeds to registration, stopping it becomes considerably harder and more expensive.  A trade mark watching service is the practical way to catch conflicting applications inside that window, rather than discovering them after the mark is registered.

Trade Mark Opposition FAQs

How long do I have to respond to a trade mark opposition?

Once you’re served with the Statement of Grounds and Particulars, you have one month to file a Notice of Intention to Defend.  That deadline is the critical one — the substantive evidence stages come later, but the right to defend is lost if the notice isn’t filed in time.

What happens if I don’t respond to a Notice of Opposition?

Your application will typically lapse by default.  IP Australia does not assess the merits of the opposition in that situation, so a perfectly registrable mark can be lost simply because no notice was filed.

How long does the trade mark opposition process take at IP Australia?

Contested oppositions that run through the full evidence stages to a hearing commonly take well over a year.  Matters that settle by negotiation or withdrawal resolve much faster, which is one reason early strategic advice pays off.

Can a trade mark opposition be resolved without a hearing?

Yes.  Many oppositions settle through a coexistence agreement, an amendment to the specification of goods and services, or a narrowing of the mark itself.  Negotiated outcomes are usually far cheaper than a contested hearing.

Opposition proceedings move quickly and the deadlines are strict.  Early advice matters more here than in almost any other part of the trade mark process.

Get Advice Before the Deadline Passes

If you’ve been served a Notice of Opposition, the first question is a practical one: how many days are left on your clock?  Send us the documents and we’ll tell you where you stand — the deadlines that apply, whether the opposition has genuine merit, and the realistic options for defending, negotiating or amending your mark.

If you’re on the other side of it and have spotted an application that sits too close to your own, the two-month advertisement window is short and closes without notice.  Acting inside it is far cheaper than trying to remove a registered mark later.

Contact Gladwin Legal on 1300 033 934 or at for a trade mark opposition assessment.

This article is general information only and does not constitute legal advice.