Trade mark oppositions & revocations
To challenge the registration of a trade mark filed by someone else you can lodge opposition or revocation proceedings. Alternatively your trade mark may have been opposed by a third party.
Whatever the issue, our trade mark specialists and dispute resolution lawyers can help to protect, assert and defend your trade mark rights.
Confidently oppose the registration of a trade mark
If you think a trade mark application should not be registered, you can file opposition proceedings within a set period once the mark has been advertised in the relevant trade mark journal.
You will need to have grounds for opposing a trade mark application substantiated with evidence. In
New Zealand, these grounds include that:
- you are the rightful owner of the mark;
- you have had prior use of an identical or confusingly similar trade mark;
- the applicant has filed the mark in bad faith, and/or
- the registration would be contrary to law.
Instigate trade mark de-registration
It is also possible to revoke a trade mark that has already been registered if it has not been used for three or more consecutive years, or if other circumstances exist whereby the trade mark is no longer capable of functioning as a trade mark.
In 2014, Baldwins acted on more than a quarter of all trade mark proceedings that were brought before the Intellectual Property Office of New Zealand. If a third party is challenging your trade mark, or you want to oppose someone else’s mark, Baldwins can help you assert and defend your rights.