When a company or individual applies for trade mark registration in New Zealand, the process involves the possibility of opposition from other parties. Trade mark opposition can occur if a third party believes that registration may cause confusion with their own registered or unregistered mark or if it may infringe their intellectual property rights. This article will take you through the trade mark opposition process and its potential outcomes.<\/p>\n\n\n\n
Trade mark opposition<\/a> is a legal process that allows a third party to oppose the registration of a trade mark in New Zealand. The opposition process allows any third party to object to the registration of the mark if they believe:<\/p>\n\n\n\n A third party can notify the Intellectual Property Office of New Zealand (IPONZ). The notice of opposition must set out the grounds for opposition and include evidence. Once the notice of opposition is filed, the owner of the trade mark application will have an opportunity to respond and defend their application.<\/p>\n\n\n\n The trade mark opposition process involves several stages.<\/p>\n\n\n\n It is also worth considering that any party to the opposition may request an extension to deadlines or halts during the opposition. This is useful for settlement negotiations or pending matters between parties. In addition, either party can withdraw from the opposition at any time. <\/p>\n\n\n\n The opposition process begins with the filing of a notice of opposition. A third party must file their notice of opposition with IPONZ within three months of publishing the trade application in the New Zealand Intellectual Property Office Journal. The notice of opposition must include:<\/p>\n\n\n\n Once the notice of opposition is filed, the owner of the trade mark application has two months to file a counterstatement. The counterstatement must respond to the grounds of opposition and include a brief statement of facts supporting the application.<\/p>\n\n\n\n The opponent has two months to submit evidence supporting the opposition. Alternatively, they may notify the IPONZ that they have no intention to file such evidence. Where evidence is provided, it must be in the form of a statutory declaration or affidavit<\/a> and served on the applicant. The opposition will be discontinued if the opponent does not respond or provide evidence. <\/p>\n\n\n\n The applicant may file evidence within two months of being served the opponent’s evidence or of being notified that no evidence is being submitted. Again, such evidence must be in the proper form and served to the opponent. The case will go to a hearing if the applicant does not submit any evidence.<\/p>\n\n\n\n After the applicant files their counterstatement, the opponent has one month to file evidence in reply. The evidence in reply must address the arguments raised in the defence and support the grounds of opposition.<\/p>\n\n\n\n If the parties cannot settle the opposition, a hearing will commence before the Assistant Commissioner of Trade Marks. The Assistant Commissioner will consider the evidence and arguments (if any) presented by both parties. They will determine whether the opponent has successfully made out the grounds of opposition relied upon.<\/p>\n\n\n\n After the hearing, the Assistant Commissioner will issue a decision. The decision may be in favour of the applicant of the trade mark application or adverse to the applicant of the trade mark application.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
How Does Trade Mark Opposition Work?<\/h2>\n\n\n\n
1. Notice of Opposition<\/h3>\n\n\n\n
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2. Counterstatement<\/h3>\n\n\n\n
3. Opponent’s Evidence<\/h3>\n\n\n\n
4. Applicant’s Evidence<\/h3>\n\n\n\n
5. Evidence in Reply<\/h3>\n\n\n\n
6. Hearing<\/h3>\n\n\n\n
7. Decision<\/h3>\n\n\n\n