Adverse Reports Advice and Representation

Commonly, an adverse examination report identifies issues such as that your trade mark isn’t distinctive enough, is too similar to other trade marks, has a classification issue, or ownership issues. If you receive an adverse report – don’t panic! Sanicki Lawyers can help. There are many ways forward, including making amendments to your application, providing evidence of prior or honest/concurrent use of your trade mark, or appealing the decision using written or oral evidence.

When applying for an Australian trade mark, other people have the opportunity to oppose your application before it proceeds to registration. This commonly happens in the two months after your application becomes ‘accepted’ and is published on the IP Australia database. Common reasons for opposition include that the trade mark is too similar to another registered or pending trade mark, an international registration has received or is seeking protection in Australia, deception or confusion is likely because of another Australian trade mark, or that the trade mark applicant is not the true owner of the trade mark.

You can defend yourself against an opposition to your trade mark application with Sanicki Lawyers’ help. Contact us today for expert assistance.