Removal Application for Non-Use

  • Post category:Insights
Kerry Newcomb Trademark Attorney

So, you have secured registration of your Australian trade mark – great! But now, you have received an Application for Removal for Non-Use – where to from here?

All may not be lost, as you may be able to defend the Application for Removal for Non-Use by opposing the Application for

Removal for Non-Use.
Here too, as with all opposition matters, including an opposition to an Application for Removal for Non-Use, time is essence. That is there are important strict deadlines that must be adhered to throughout the opposition process. The first important deadline is that within two months of the Application for Removal for Non-Use being advertised you must file a   Notice of Intention to Oppose. Then within one month of filing the Notice of Intention to Oppose, you must file Statement of Grounds and Particulars. Failure to do so, will result in the lapsing of your application.

Once a Notice of Intention to Defend is filed by the Removal Applicant, the evidentiary stage commences.  That is, you, as the Opponent have three months to file Evidence in Support of your opposition to the removal.  The Removal Applicant then has three months to file Evidence in Answer.  You then can file Evidence in Reply within two months.

Once again, all evidence filed in oppositions to Removal Applications for Non-use must be filed in a Declaration via the Objective connect platform.

Once the evidentiary stage is completed either party can request a hearing on the matter.

Of course, if you would like help with defending a Removal Application that has been filed against your registered trade mark, please contact me.