If a trade mark status shows "expired" would I be successful in registering it as a new trade mark application, or could the previous registered owner oppose?

If a trade mark registration is not renewed it is deemed to be "expired". However, we allow a further period of 6 months for late renewal; an additional fee is charge for such late renewal. The result of this is that the status of the earlier registration depends on when it expired and whether the 6 month period for late renewal has passed.

You should note that we no longer raise official objections on the basis of earlier rights but we will, under our new practices, notify owners of such earlier marks if we consider it appropriate to do so.

They will not be able to oppose you on the basis that they once had a registered mark which has now expired. However, please remember that the Act provides for anyone to oppose any application that we publish. However, if they have no registered rights they will have to oppose on the basis of passing off (common law) or on the basis that your trade mark is descriptive or non-distinctive.