08 Oct 2025
When a trade mark is opposed in Australia, the clock starts running — and fast. Opposition proceedings in respect of applications and non-use move quickly, with strict deadlines for notices, evidence, and submissions. It’s not unusual for a party to realise they need more time, whether to gather evidence, consider strategy, or explore settlement options.
But here’s the catch: extensions of time are not easy to come by. Over the past decade, the rules have tightened significantly, and the Registrar now applies close scrutiny to any request. Multiple extension requests can even risk being seen as an abuse of process.
So, when is it appropriate to ask for more time — and what are the risks of doing so?
The Legal Framework
Under the Trade Marks Regulations 1995 (Cth), extensions can be sought at certain stages, most commonly for filing evidence in support, answer, or reply.
Key point: You cannot request extra time to file the opposition itself (Notice of Intention to Oppose or Statement of Grounds and Particulars), unless the delay is due to an error or omission by the applicant, their attorney, or the Registrar. If the deadline to oppose is looming, the safest option is usually to file to preserve your rights.
When it comes to evidence, the Registrar will only grant extra time if:
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the party has made all reasonable efforts to comply with the deadline and acted promptly and diligently at all times, but still cannot meet it; or
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there are exceptional circumstances, such as:
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events beyond a party’s control,
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Registrar or administrative error,
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a court order or Registrar’s direction staying the matter.
Importantly, settlement negotiations don’t count — those should be handled via cooling-off or suspension provisions.
What Counts as “Diligence”?
The Registrar expects a clear and documented plan for preparing evidence, executed without significant delays. Requests must explain:
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the overall strategy for evidence gathering,
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what has been done and when,
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what obstacles arose and why they were unavoidable.
Weak justifications, vague statements, or unexplained delays risk refusal.
Alternatives to Extensions
1. Cooling-Off Periods
Parties can jointly request a cooling-off period at any point before the matter is decided. The Registrar must grant a six-month period if both sides agree, with the option of one further six-month extension. Either side can end it early.
The cooling-off “resets” opposition deadlines, making it a useful tool if extra time is needed — provided both parties cooperate.
2. Suspension of Proceedings
Available only after cooling-off options are used, suspension requires both parties’ agreement and is generally tied to genuine settlement negotiations. Initial suspensions last six months (or up to 12 months in exceptional cases). Further extensions must be requested before expiry, with proof that negotiations are ongoing and likely to succeed.
The Registrar may also suspend proceedings in other exceptional circumstances — for example, if a related court matter is pending or unforeseen events (such as disasters or office closures) occur.
Practical Guidance for Brand Owners
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Don’t rely on extensions. They are difficult to obtain and far from guaranteed.
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Seek advice early. If you’re considering an opposition or facing one, either in respect of an application or non-use action, speak to a trade mark attorney as soon as possible.
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Use cooling-off wisely. If settlement is a real possibility, it can buy time and reduce costs.
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Oppose strategically. If a deadline is close, file first and refine strategy after.
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Document everything. If you do need to request more time, detailed records of your efforts will strengthen your case.
Key Takeaways
Extensions of time in Australian trade mark opposition proceedings are not safety nets. They’re difficult to secure, heavily scrutinised, and best treated as a last resort. The smarter approach is to treat deadlines as fixed, prepare early, and explore settlement pathways where appropriate.
Need Help Managing an Opposition?
At IP Solved, we help brand owners and startups cut through the complexity of oppositions with clear strategy, proactive evidence planning, and settlement guidance. If you’re facing tight deadlines or considering opposition action, don’t leave it to chance — get expert advice before the clock runs out.
Contact IP Solved today to map out your best options and protect or defend your brand with confidence.
