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Trade mark non-use action

Request IP Australia remove an unused trade mark to defend your right

Request IP Australia removes an unused trade mark from the register.
Estimated cost:
  $350
Estimated effort:
  Days (to file)
Rate of resolution:
  Approx. 1,200 applications made to IP Australia per year

Opposition process

Challenge the registration of a new trade mark to defend your right

Oppose a trade mark you’re accused of infringing before it becomes registered.
Estimated cost:
  $650+, plus legal fees
Estimated effort:
  Months to years
Rate of resolution:
  1-3% of trade marks are opposed

Negotiation

Reach an agreement with the accusing party

Negotiate a mutually acceptable commercial or financial resolution.
Estimated cost:
  Variable legal fees
Estimated effort:
  Days to weeks
Rate of resolution:
  Over 90% of commercial disputes settle outside court or arbitration

Enforcing to defend

Assert your rights, as a response to an accusation

If you believe that you are genuinely in the right to retain your IP, gather evidence and defend your right to use it.
 

Court

Respond to an unjustified threat

Use court to respond to a legally unjustified demand or threat.
Estimated cost:
  $100k+ in legal fees
Estimated effort:
  Years
Rate of resolution:
  Court decisions are binding although appeal is possible

Informal contact

De-escalate and resolve disputes via conversation

Engage in an informal conversation to resolve IP disputes.
Estimated cost:
  Free
Estimated effort:
  Days to weeks
Rate of resolution:
  Variable

Report criminal activities

Report a scam, fraud or risk to public interest

Notify authorities about scams, counterfeits, or other fraudulent activities that pose a risk to public safety or trust.
Estimated cost:
  Free
Estimated effort:
  Variable
Rate of resolution:
  IP crimes are rarely prosecuted

Patent re-examination

Challenge a granted patent

Challenge the validity of a patent that you are accused of infringing.
Estimated cost:
  $800, plus any legal fees
Estimated effort:
  Days (to request)
Rate of resolution:
  <1% of patents are subject to re-examination

Opposition process

Respond to an opposition filed against your patent

How to respond when someone has opposed your patent application.
Estimated cost:
  $1,200+, plus legal fees
Estimated effort:
  Weeks to months
Rate of resolution:
  IP Australia’s published 54 decisions in 2024 and 66 decisions in 2023.