Trade mark disputes can arise when a new application is considered too similar to an existing brand, or raises concerns about ownership, reputation or bad faith. Australia has a formal opposition process that allows businesses and brand owners to challenge a trade mark application before it proceeds to registration. However, the process involves strict rules, evidence requirements and deadlines.
Recent high-profile disputes, including Eminem vs Swim Shady (2026) and Katie Perry vs Katy Perry (2026), highlight the importance of protecting brand identity. Trade mark conflicts also arise between Australian businesses, even when the businesses operate in different parts of the market, as illustrated by the dispute between Mars Australia and Katong Club over the KAN TONG and KATONG HOUSE marks. These all highlight how brand protection issues can extend across businesses, industries and international markets.
If you are considering opposing a trade mark application, or defending your own, do you know what happens after a Notice of Intention to Oppose is filed? What evidence will you need? Can you negotiate a resolution without proceeding to a hearing? And what options are available if you disagree with a decision?
Our free eBook explains the Australian trade mark opposition framework and outlines the key steps involved. Designed for businesses, brand owners, in-house counsel and legal professionals, it provides practical insight into the process of challenging or defending a trade mark application.
Download the free guide to better understand your options and the process before a dispute arises.
Pearce IP can assist with the clearance, protection and management of new product and corporate brands in Australia, New Zealand and internationally. Use our Contact Form or email us at info@pearceIP.law or call Australia Tel: +61 (0) 2 9023 9988 or New Zealand Tel: +64 (4) 886 1199.
About Pearce IP
Pearce IP is a privately owned/independent, specialist, life-sciences focussed, intellectual property/law firm offering lawyers and attorneys in Australia and New Zealand.
Our lawyers and attorneys specialise in pharma, biopharma, biotech, ag-tech, food-tech, med-tech, although our work is broader than these industries.
Pearce IP and its leaders are ranked in every notable legal directory including: Chambers & Partners, Legal 500, IAM Patent 1000, IAM Strategy 300, MIP IP Stars, Doyles Guide, WTR 1000, Best Lawyers, WIPR Leaders, Best Law Firms, among others. In 2025, Pearce IP was honoured by Australasian Lawyer and New Zealand Lawyer as a Top Specialist Firm, 5 Star Employer of Choice, and the “Standout Winner” for Inclusion and Culture (<100 employees).
Pearce IP is the only leading IP firm in Australia and New Zealand with a female founder, and is certified by WEConnect International as women owned.
Naomi Pearce
CEO, Executive Lawyer (AU, NZ), Patent & Trade Mark Attorney (Trans Tasman)
Naomi is the CEO and Founder of Pearce IP, and is one of ANZ’s leading IP practitioners. Naomi is a market leading, strategic, commercially astute, patent lawyer, patent attorney and trade mark attorney, with over 29 years’ experience, and a background in molecular biology/biochemistry.
Ranked in virtually every notable legal directory, highly regarded by peers and clients, Naomi is renowned for her successful and elegant IP/legal strategies focussing on complex/multijurisdictional litigation, global FTO, and strategic advice. Among other awards, Naomi is the 2026 Lexology Client Choice Winner for Patents, the 2024 Lawyers Weekly Women in Law “Executive of the Year”, the 2023 Lawyers Weekly “IP Partner of the Year”, the 2022 Lexology Client Choice Winner for Life Sciences, the 2022 Asia Pacific Women in Business Law “Patent Lawyer of the Year”, and the 2021 Lawyers Weekly Women in Law “Partner of the Year”. Ranked in Chambers Asia Pacific, Chambers Global, IAM Patent 1000, IAM Strategy 300, is a MIP “Patent Star”, and is recognised as a WIPR Leader for patents and trade marks.
Pearce IP is the premier life sciences focussed firm in ANZ. Commencing in 2017. Pearce IP is the 2025 Australasian Lawyer and NZ Lawyer 5-Star Employer of Choice & “Standout Winner” for Inclusion and Culture (<100 employees). In 2021, Pearce IP was the Lawyers Weekly Australian Law Awards IP Team of the Year.
Sally Paterson
Executive, Lawyer (NZ), Patent & Trade Mark Attorney (AU, NZ)
Sally is a senior Trans-Tasman Patent and Trade Mark Attorney, and a New Zealand registered lawyer with over 20 years’ experience in IP. Sally’s particular expertise is in life sciences, drawing from her background in biological sciences. Sally is well respected in the New Zealand IP community for her broad ranging skills in all aspects of intellectual property advice, protection and enforcement. Sally has extensive experience securing registration for patents, designs and trade marks in New Zealand, Australia and internationally, providing strategic infringement, validity and enforceability opinions, acting in contentious disputes including matters before the courts of New Zealand and before IPONZ and IP Australia, and advising on copyright and consumer law matters.