Successfully navigating both applicable law and procedural requirements is essential to effective practice in trade mark opposition matters. This unique, time-saving text is designed to offer quickly accessible answers to procedural questions covering oppositions to registering and removing trade marks before the Australian Trade Marks Office (ATMO). It includes both the substantive law and procedure, with practical tips on preparation of evidence, oral and written submissions and obtaining orders for costs. The author draws from the extensive body of decisions handed down by the ATMO to simplify the practitioner’s role in dealing with the governing law and common practice of the ATMO. It is an essential guide to trade mark opposition practice for legal practitioners and trade mark attorneys and is a highly relevant resource for students undertaking units on trade mark practice.
Table of contents
1. Notice of Opposition
2. Onus and Standard of Proof
3. Grounds of Opposition
4. Opposition to Removal for Non-Use
5. Practice and Procedure
Appendix A – Precedent Statements of Grounds and Particulars