Trademark opposition proceedings

An "opposition" is a procedure which takes place before a trademark Office when a third party requests that the Office reject a trademark application.

For Community trademarks, there is an opposition window of three months beginning after publication. If no oppositions are filed within this period, the trademark will be registered.

Typically, an opponent must have rights in an earlier trademark or other form of trade sign to file an opposition. This right can be a national right in one of the 27 countries members of the European Community or a Community trademark.

If you receive a notice of opposition from the trademark office, you must respond or your case will be examined on the sole elements presented by the opponent. Your application could be cancelled and the taxes you paid would be lost. Sometimes, it is possible to negotiate a settlement before the opposition is even examined by the trademark office.

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References: European trademark office, opposition procedures