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Opposition process

Respond to an opposition filed against your trade mark

How to respond when someone has opposed your trade mark application.
Estimated cost:
  $650+, plus legal fees
Estimated effort:
  Weeks to months
Rate of resolution:
  1-3% of trade marks are opposed

Apply for a trade mark

Register your trade mark

Apply to IP Australia for a registered trade mark to secure exclusive rights to your brand to reinforce your defence.

Estimated cost:
  $330 per class  
Estimated effort:
  Hours (to apply)
Rate of resolution:
  Approximately 75% of trade mark applications achieve registration 

IP attorney or lawyer

Obtain legal advice on an accusation of infringement

Seek expert advice on how to respond to allegations of IP infringement.
Estimated cost:
  $500 - $2,000 per hour
Estimated effort:
  Days to weeks+
Rate of resolution:
  Variable

De-escalate

Pause use of contested IP until resolution

Evaluate the accuser’s demands and consider stopping use of the contested IP to avoid escalation.
Estimated cost:
  Variable
Estimated effort:
  Days to weeks+
Rate of resolution:
  Variable

Gauge the situation

Choose not to respond immediately

When to delay responding to groundless IP infringement claims and how to gather evidence for future defence.
Estimated cost:
  Free, plus optional professional fees
Estimated effort:
  Days
Rate of resolution:
  Not applicable

Letter of demand

Receiving a letter of demand

Understanding what you can do when you receive a letter of demand / cease and desist.

Estimated cost:
  Variable
Estimated effort:
  Days
Rate of resolution:
  Not applicable

IP insurance

Coverage against potential future costs related to infringement

Protect yourself from some costs involved in IP disputes.
Estimated cost:
  Variable
Estimated effort:
  Days
Rate of resolution:
  Variable

Apply for a trade mark

Register your unregistered trade mark

Strengthen your position as the registered owner of your trade mark in Australia.
Estimated cost:
  $330 per class  
Estimated effort:
  Hours (to apply)
Rate of resolution:
  Approximately 75% of trade mark application achieve registration 

Domain name dispute (UDRP)

Challenge the use of international domain name

Dispute an international domain name that may infringe an IP right.
Estimated cost:
  US$1,500+ per domain, plus optional legal fees
Estimated effort:
  Weeks to months
Rate of resolution: 
  Variable