Trademark Opposition - Australia
There has been continued uncertainty to give proper treatment to brand owner's confidential material that is served as evidence in respect of Australian trademark oppositions. Until now, it was dealt by way of arrangement or undertakings between the respective parties. However, in case of litigants who are not corporate in nature, such arrangements were not possible and uncertainty prevailed as to how highly sensitive material could be used. The choice left was either to forgo submitting material that is highly confidential or submit the material with no assurance of its remaining confidential.
The Australian Trademark Office has now considered this problem seriously and advised through a notification that in respect of all oppositions taking place after March 29, 2007, access to identified confidential information for review will be restricted to people who genuinely need to review the material forthe purpose of opposition. Furthermore, there will be an implied undertaking for use of confidential material only by the served parties in relation to the conduct of or legal advice to any opposition proceeding. In this connection parties to any opposition will receive a notice from the Registrar and it will be assumed to apply unless any of the parties submit otherwise within 14 days of receipt in which case the Registrar will respond and consider accordingly.
The new procedure is intended to apply only to material served on opposing parties and will not affect the ability to request documentation through the process set out in the Trade Mark Regulations (as amended) and the Freedom of Information Act that already exist in Australia.
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