IPS Global Solutions INC (DBA IPspeedy)
Your Trusted Worldwide IP Partner
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Country/Region: Australia
Competent Authority: IP Australia
Official Website: https://www.ipaustralia.gov.au
Eligible Applicants: Australian enterprises; foreign enterprises; individual applicants;
*Foreign applicants are generally required to submit applications through a local agent.
Classification System: Australia uses the Nice Classification (45 classes in total); multi-class applications are permitted.
Required Application Materials:
Generally, the following information is required:
Trademark representation (image);
Applicant's name and address;
Classes of goods or services;
Registration Timeline: Approximately 7–9 months to complete registration.
Validity Period: 10 years (calculated from the date of registration); renewable every 10 years, with no limit on the number of renewals.
Lawsuit
Trademark Opposition & Cancellation services protect legitimate rights and maintain market order
through strategic opposition and cancellation proceedings.
Opposition
When to File: Typically within 2-3 months after trademark publication (varies by jurisdiction)
Grounds for Opposition
- Trademark similarity
- Bad faith registration
- Prior rights infringement
Cancellation
When to File: After trademark registration
Grounds for Cancellation
- Continuous non-use for 3 years
- Registration obtained by fraud
- Registration in bad faith
Our Advantages & Benefits
Stage-Based Billing
Cost-effective approach with payment tied to milestones
Free Consultation
Complimentary case analysis and strategy assessment
Customized Strategies
Tailored approach based on jurisdiction and case specifics
Proven Success
17 successful cases in USA, UK, Turkey, India and more
Resolve Conflicts
Remove conflicting trademarks from register
Protect Brand Equity
Safeguard brand recognition and reputation
Enhance Competitiveness
Strengthen market position through enforcement
FAQ
Q1: What is the difference between a trademark opposition and a cancellation proceeding?
An opposition is filed against a pending trademark application before it registers — typically during the publication/opposition window after preliminary approval. It seeks to prevent the mark from ever gaining registration. A cancellation is filed against an already-registered trademark and seeks to remove it from the register entirely or limit its scope. Both are administrative proceedings, but they target marks at different stages of their lifecycle.
Q2: What are the typical grounds for opposing or cancelling a trademark?
Common grounds include: likelihood of confusion with an earlier mark; descriptiveness or lack of distinctiveness; bad faith filing (e.g., trademark squatting); non-use for the statutory period (typically 3–5 years depending on jurisdiction); fraud in the application; genericness; and dilution of a famous mark. The specific available grounds vary by jurisdiction and may be time-barred after a mark has been registered for a certain period (e.g., 5 years in the U.S.).
Q3: How long do I have to file an opposition after a mark is published?
Deadlines vary by jurisdiction:
● U.S. (USPTO/TTAB): 30 days from publication in the Official Gazette, extendable up to 120 days total with consent or good cause.
● EU (EUIPO): 3 months from publication of the EUTM application.
● UK (UKIPO): 2 months from publication, extendable by 1 month.
● China (CNIPA): 3 months from the preliminary approval announcement.
● Japan (JPO): Within the statutory opposition period after registration publication. Missing these deadlines generally means losing the right to oppose — the mark proceeds to registration, and you must then pursue cancellation.
Q4: Can I recover damages or stop the other party from using the mark through opposition or cancellation?
No. Opposition and cancellation proceedings are limited to the register — they determine whether a mark may be registered or must be removed. They do not award monetary damages, issue injunctions, or stop marketplace use. To stop actual use and seek damages, you must file a separate infringement lawsuit in civil court. Many clients run opposition/cancellation proceedings in parallel with court litigation for a comprehensive enforcement strategy.
Q5: What are the costs and timeline for opposition or cancellation proceedings?
Costs vary significantly by jurisdiction and complexity. At the USPTO TTAB, filing fees are $600 per class (electronic) for either an opposition or cancellation, with total costs (including attorney fees, discovery, and trial) often ranging from $15,000 to $100,000+ for contested cases. In the EUIPO, opposition fees are €350 per class. Timelines typically range from 12 months to 4 years depending on the forum, number of classes, discovery scope, and whether the case settles. Early case assessment and strategic settlement negotiations can significantly reduce both cost and duration.
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IPS Global Solutions INC (DBA IPspeedy)
Your Trusted Worldwide IP Partner
Copyright © 2026 Pengzhiyun Intellectual Property
IPspeedy is the international operating name of Pengzhiyun Intellectual Property.
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✅ Real case victories and success stories
✅ Latest IP market trends and analysis
✅ Practical knowledge and industry updates
Scan to stay informed and ahead of the curve.
Copyright © 2026 Pengzhiyun Intellectual Property
IPspeedy is the international operating name of Pengzhiyun Intellectual Property.
