Opponent Withdraws the Opposition

Date Published

If an opponent withdraws an opposition, there is no need for a final decision to conclude the opposition. Thus, provided the hearing officer is satisfied that the amendments overcome the grounds of objection specified in their decision, the application can be directed to proceed to grant.

If the opponent withdraws the opposition after the decision is issued, but before any amendments are proposed, it is not open for the applicant to argue that the application should be granted without amendment. Where a decision has identified grounds of objection, the applicant must either address those objections by way of amendment, or dispute them by way of appeal.