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How long do you have to oppose an Australian trademark?
Two months from publication.

Trade Marks Act 1995 (Cth) s.52 gives two months from advertisement of acceptance. The window is not extendable, and it does not restart.

We hold this window as indicative rather than pinned to its provision with the confidence we apply elsewhere. Treat it as the shape of the deadline, not the deadline — local counsel confirms it before you act.

The date that matters

Publication, not filing — and not registration.

The application is examined first, then published. The clock starts at publication. Counting from the filing date makes you early, which is harmless; counting from registration makes you late, which is not.

01
Filed
The application is lodged and examined. Nothing is running yet.
02
Published
The two months opposition window opens. This is the only date that counts.
03
Registered
Opposition is gone. What remains is cancellation — slower and dearer.
The trap

Not every office works this way.

Australia opens the window at publication of the application, as most offices do. But Switzerland, Germany, Japan and Sweden register the mark first and run opposition from publication of the registration.

Applying one office’s rule to another does not shift a deadline by a few days. It invents one that never existed — and the real one may already have closed.

If the window has closed

It is not over, but the route changed.

Once opposition lapses you are into cancellation or invalidity — a different action, different evidence, more cost, lower odds. Worth knowing early: a holder whose own book is largely lapsed or withdrawn is more vulnerable to a non-use challenge than the register first suggests.

Every office we cover

The same question, answered per register.

The EU · three monthsThe UK · two monthsThe US · 30 daysCanada · two monthsSingapore · two monthsIsrael · three monthsFrance · two monthsSpain · two monthsItaly · three monthsBenelux · two monthsChina · three monthsIndia · four monthsBrazil · two monthsMexico · one monthsChile · one monthsSwitzerland · three monthsGermany · three monthsJapan · two monthsSweden · three months

Read from the public registers and the cited provision. Intelligence, not legal advice — your counsel confirms the date and acts on it.

Check if a window is already running on your name →