Trademark opposition
A trademark opposition is a legal challenge raised by a third party against the registration of your trademark after it is published in the Trademark Journal. It is a critical phase in the trademark registration process, and handling it properly is essential to secure your brand identity. At License House, we help both applicants and opposing parties manage trademark opposition proceedings with precision and legal expertise.
FAQ
What is a trademark opposition?
A trademark opposition is a legal challenge raised by a third party against a trademark application after it has been published in the Trademark Journal. It allows any person to object to the registration if they believe the trademark could harm their brand or business.
Who can file a trademark opposition?
Any person whether an individual, business, or legal entity who believes that the published trademark may conflict with their own registered or pending trademark can file an opposition.
When can a trademark opposition be filed?
A trademark opposition must be filed within 4 months from the date the trademark is published in the Trademark Journal.
What are the common reasons for trademark opposition?
Similarity to an existing registered or well-known trademark
The trademark is generic or descriptive
It was filed in bad faith
Likely to cause confusion or deception
The mark is against public policy or morality
Use of geographical names or prohibited terms
What happens after an opposition is filed?
Once an opposition is filed, the Trademark Registry notifies the applicant. The applicant must file a counter-statement within 2 months. If not filed, the application is deemed abandoned.
What is a counter-statement in opposition?
A counter-statement is the formal response submitted by the applicant, defending their trademark and addressing the claims made in the opposition.
Is there a hearing in the opposition process?
Yes. After the exchange of evidence between both parties, a hearing may be scheduled where both sides can present arguments before the Registrar. A final decision is then made.
Can I handle a trademark opposition myself?
Trademark opposition involves legal procedures, deadlines, and evidentiary requirements. It is highly recommended to seek professional help. License House can represent you and handle the entire process effectively.
What happens if I win the opposition case?
If you win the opposition, the opposing party’s challenge is dismissed, and your trademark proceeds to registration.
Can I oppose a trademark even if I haven’t registered mine?
Yes. Even if your trademark is unregistered, you can still file an opposition by proving prior use and reputation in the market.
Our Clients
