Trademark opposition
at OSIM and EUIPO
Opposition is a legal procedure in which a party chooses to challenge the registration of a trademark filed by another party, due to various reasons such as confusing similarity, identical elements, or likelihood of association with an earlier mark. It must be filed within a 2-month time limit and must include well-structured arguments and evidence supporting the claimed damages or risks.
We support you throughout the entire trademark opposition process, whether you are filing an opposition or defending your trademark against an opposition initiated by a third party. We analyse your case, identify the strongest legal arguments, and pursue the most effective strategies for resolving the dispute quickly and efficiently.
Benefits
Clients
we represented
Trademarks registered
at OSIM
Registered trademarks
Portfolio
Ziarul Argeșul
Webcar
Prisaca Transilvania
Nativ
FAQ
01What is a trademark opposition?
A trademark opposition is a legal procedure through which an interested party challenges the registration of a new trademark, on the grounds that it infringes rights in an existing mark or may create confusion on the market. It is a preventive mechanism that enables trademark owners to protect their rights before the registration process is completed.
02What are the benefits of working with TAS Agency for trademark opposition?
By choosing our trademark monitoring service, you benefit from: continuous monitoring of new trademark filings to detect conflicts early, risk analysis and strategic planning, preparation and submission of the necessary documentation for opposition, as well as full communication management with the intellectual property office.
03What are the main reasons for filing a trademark opposition?
There are several common reasons for filing an opposition. First, similarity between the new mark and an already registered one, which may create confusion among consumers. Second, infringement of a well-known trademark, where the new application takes unfair advantage of the reputation of a famous brand. Third, bad-faith filing, where the applicant is suspected of seeking an unfair competitive advantage.
04When can an opposition be filed?
The opposition period varies depending on the jurisdiction. In the European Union, the deadline is 3 months from the publication date of the trademark application. It is essential to monitor new filings to ensure this deadline is respected.
05What happens after an opposition is filed?
After filing, the intellectual property office notifies the trademark applicant. The applicant may respond to the arguments raised in the opposition. During this stage, the parties may attempt to reach an amicable settlement. If no agreement is reached, the office reviews the case and issues a decision.
06What types of evidence are needed to support an opposition?
The required evidence depends on the grounds for opposition and may include: documents proving prior use of the mark, evidence of reputation or notoriety, market reports or expert analyses showing the likelihood of confusion, and documents demonstrating bad-faith conduct by the applicant. TAS Agency assists with collecting evidence and organizing the file to strengthen your opposition case.
07How long does the opposition process take?
The duration of the process can vary between 6 and 12 months, depending on the complexity of the case and the workload of the IP office. In more complex situations, when multiple parties are involved or several rounds of submissions are required, the process may take longer.
08What happens if the opposition is rejected?
If the opposition is rejected, the contested trademark will proceed to registration, and the opponent generally loses the opposition fee. In some jurisdictions, it may still be possible to file an appeal or initiate a cancellation action after registration, based on additional grounds.
09What happens if the opposition is accepted?
If the opposition is accepted, the trademark application will be refused either fully or partially. The applicant may amend the application to remove goods or services generating the conflict, if such amendments are allowed by the office.
10Can I challenge a trademark after the opposition deadline has expired?
Yes, but only by initiating a cancellation or invalidity action, which usually requires additional evidence. These procedures tend to be more complex and costly than opposition and may take longer depending on the jurisdiction.