Oppositions

Oppositions to patents and trade marks can be complex, costly and take a long time to reach a conclusion. It is recommended to seek professional advice when wishing to oppose or defend an opposition.

Maxwells are experts in patent and trade mark oppositions and understand the need to meet statutory deadlines and prepare and file the necessary paperwork. Timing and due dates are crucial and Maxwells professionals know the processes and know how to deal with patent and trade mark oppositions effectively and efficiently in a cost effective manner.

Patents Oppositions

These are governed by the Patents Act 1990. The usual reasons most patents are opposed are:

  • Because the Patent isn’t deemed new and/or inventive
  • The Patent applicant is not the owner
  • It is a cost effective way to challenge its validity
  • The Patent is not valid

Patent oppositions can only be challenged when:

  • It is within three months of publishing a Patent that has been accepted
  • Any time if an innovation patent
Trade Mark Oppositions

Trade mark oppositions are governed by the Trade Marks Act 1995 (except for section 40). The main grounds for trade mark oppositions include:

  • Trade Marks are similar or are identical to prior works
  • The Trade Mark may cause confusion or deception of brand and / or reputation
  • The applicant is not the real owner of the trade mark
  • The T.M. application is made in bad faith
  • Use of the trademark applied for may lead to deception and confusion

Swift timely action is imperative and strategically beneficial. Ask Maxwells’ trade mark team today for assistance.