Frequently asked questions

What happens if my application is challenged?

Your application can be challenged in 2 possible ways – by the Registry itself and/or by a third party.

1. Challenges made by a Registry
   If your mark is challenged by the Registry itself we will respond to the Registry’s comments and try to persuade the Registry of the merits of your application. There may be several factors that may change the registry's mind, such as use made of the mark, or evidence to show distinctivity relating to the mark. All our fees for correspondence with the Registry in this way are included in the application fees.
2. Challenges made by a third party
   If your mark has been accepted by the Registry, it still may be challenged by a third party – this is known as opposition. If your mark is challenged in this way and you decide to fight the opposition, there are several stages of responses and evidential rounds before the opposition can be decided. Because of this oppositions can become expensive. Fighting an opposition can typically cost in the region of AU$2,000 – AU$10,000 depending on the work involved.