7. Implementation of decisions

Date Published

Registration of a trade mark will have a significant effect on the standing of the parties. Therefore, after deciding an opposition, a trade mark will not be registered until the appeal period has ended. Similarly, where an application for removal is opposed, a decision to remove a registration will not be effected until the appeal period has passed. These situations can become complicated where a single decision involves two entirely separable matters, e.g. the decision of A’s opposition to registration of an application by B, combined with a cross-opposition, by B, to either a trade mark application or a removal application filed by A.  If either A or B appeals any part of such a decision, the other party may be entitled to additional time to file a cross-appeal and Oppositions and Hearings Support staff would then allow additional time before implementing any of the terms of the decision.

Although decisions on extensions of time may be subject to review under the AD(JR) Act, it is not practical to delay acting on the granting of extensions. Where an AD(JR) Act review is sought in relation to the grant or refusal of an extension of time in an opposition matter, the party seeking a review should advise the Registrar of this as soon as possible. Similar considerations apply in respect of requests for an AAT review of the refusal of an extension of time.