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IPS Global Solutions INC (DBA IPspeedy)

Your Trusted Worldwide IP Partner

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.


    Industry Report

EU Trademark Registration Guide 2026: A Complete Strategic Playbook - Part 3

Author:IPspeedy Click: Time:2026-07-14 14:07:43

5. Publication, Opposition & Cancellation

Publication: Approved applications are published in the EU Trade Marks Bulletin, available in 23 EU languages. Publication is not registration — it initiates the opposition window.

Opposition: Any third party with an earlier right may oppose within 3 months of publication. The opposition fee is EUR 320. The opposition process includes:

·  Admissibility check — EUIPO verifies that the opposition is timely, properly filed, and supported by a valid earlier right.

·  Cooling-off period — A 2-month negotiation window (extendable to 22 months) for settlement.

·  Adversarial phase — If no settlement, both parties submit observations and evidence.

·  Decision — EUIPO decides whether the earlier right prevails. Appeals go to the EUIPO Boards of Appeal, then the General Court, then the CJEU.

Proof of Use Defense: If the opponent's mark is over 5 years old, the applicant may demand proof of genuine use in the EU. This is a powerful defensive tool.

Invalidity & Revocation: Article 52 invalidity (absolute grounds, any time, fee EUR 700) and Article 57 invalidity (relative grounds, 5-year limit for some, fee EUR 700). Article 58 revocation covers non-use (5 years), genericization, and misleading use.


6. Dilution Protection (Article 8(5) / Article 9(2)(c) EUTMR)

The EU provides some of the strongest dilution protection in the world. Under Article 8(5) EUTMR, owners of marks with a reputation can prevent registration or use of a later mark on ANY goods or services — even completely unrelated ones — if the later mark would:

·  Damage the distinctiveness of the earlier mark (blurring)

·  Damage the reputation of the earlier mark (tarnishment)

·  Unfairly take advantage of the earlier mark's reputation (free-riding)

Unlike U.S. federal dilution law (which requires proof of actual dilution under the TDRA), EU dilution requires only proof of a 'link' in the consumer's mind between the two marks. The CJEU established this standard in Intel v. CPM UK (C-252/07).

Key factors: degree of similarity between marks, degree of reputation, degree of distinctiveness, likelihood of association, and the nature of the goods/services.


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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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Copyright © 2026 Pengzhiyun Intellectual Property

IPspeedy is the international operating name of Pengzhiyun Intellectual Property.

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