Record the deadline to defend a trade mark opposition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date the applicant was given the statement of grounds and particulars, enter in a fixed template the two-month deadline to file a notice of intention to defend, the consequence of missing it, and, for an international registration designating Australia, the different trigger and the need for an Australian or New Zealand address for service. Do not write the notice.
- What the lawyer must review
- The lawyer decides whether to defend, signs the notice or the letter, and diarises the deadline. The lawyer decides any extension application, which the manual limits to the grounds in reg 5.13A(4).
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the date the applicant was given the statement of grounds and particulars, enter in a fixed template the two-month deadline to file a notice of intention to defend, the consequence of missing it, and, for an international registration designating Australia, the different trigger and the need for an Australian or New Zealand address for service. Do not write the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the start date against the Office notice that gave the statement, not against the date the statement was filed.
- For an IRDA, use the International Bureau notification date and confirm an Australian or New Zealand address for service is on the notice.
- Confirm the record states that missing the deadline lapses an Australian application under section 54A.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
The manual says a notice of intention to defend does not apply to an opposition commenced before 15 April 2013 by a notice of opposition.