So You’ve Built a Brand… and a Big Fish Just Opposed Your Trade Mark

You’ve put in the hard yards—built a brand, grown a reputation, and now you’re ready to make it official with a trade mark. You file the application. Maybe there’s a bit of back-and- forth with IP Australia. Then, success! Your mark gets accepted. Cue confetti, right? Not quite. Enter: the opposition.

Suddenly, you’re on the radar of a much bigger player in your industry. They’ve filed an opposition. And now you’re not just registering a trade mark—you’re in a legal stoush.

Welcome to the World of Trade Mark Opposition

This exact thing happened recently to a small HVAC business. They’d been operating under the brand Cool Breeze Air Conditioning, and applied to register it as a trade mark. All seemed well… until Seeley International (the folks behind Breezair and Coolair) came knocking.

They opposed the application, arguing that Cool Breeze was a little too close to home. That customers might get confused. That it was all a bit too breezy, if you will.

And look, they’re not wrong to try. Big brands spend a fortune building recognition, and they’ll fight hard to keep others from getting too close.

Why Do These Things Get Opposed?

There are a few classic reasons your application might get blocked:

• Too close for comfort: If your brand name looks or sounds like an existing registered mark, especially in the same industry, you’re asking for trouble (s44 of the Trade Marks Act).
• Free ride alert: If your brand could be seen as riding on the coattails of someone else’s reputation—like calling your new cola brand “Coka-Koala”—you’ll probably get whacked (s60).
• Descriptive or generic: If your brand name describes exactly what you do (hello “Cool Breeze Air Conditioning”), the trade marks office may not consider it unique enough to protect (s41).

OK, So What Can You Do About It?

Let’s be real: you can’t always avoid opposition. But there’s plenty you can do to minimise the risk and give your application a fighting chance.

1. Pick a name that stands out
Made-up words are gold. Think “Zanussi” or “Daikin”—they don’t mean anything until they do. The more distinctive, the better.

2. Don’t lean too hard on industry lingo
Yes, you make air conditioners. But calling your brand “Cool Air Systems” won’t get you far. It’s not just boring—it’s crowded.

3. Do a clearance search (not just a quick Google)
A thorough trade mark search will show you what’s already out there—and what might cause a problem later. If someone in your space is already using something similar, it’s better to know before you drop ten grand on signage.

4. Gather your evidence
If you’ve already been using the name in the market—especially for years—start collecting proof. Think websites, invoices, advertising, and customer testimonials. This kind of evidence can save your bacon if your application gets challenged.

5. Phone a friend (preferably a lawyer)
Oppositions have strict deadlines and specific rules. A trade mark lawyer can help you respond properly and keep the application alive. Plus, we know how to write letters that sound polite but legally terrifying.

The Takeaway

Registering your brand should be a celebration, not a courtroom drama. But in competitive industries like HVAC, you’re never far from a bigger fish with a sharper lawyer. So get advice early. Choose your brand name wisely. And if opposition comes, don’t
panic—just be ready to fight smart.

At Clearscope Legal, we help trade-focused businesses across Australia navigate this exact maze. Whether you’re just starting out or knee-deep in an opposition, we’ve got your back.

Reach out by email admin@clearscopelegal.com.au or on 03 8683 5645 and we’ll be happy to line up a free initial consult.