A trademark is any sign that distinguishes your goods or services from those of other businesses. It is the legal foundation of your brand.
ArticleHow to file an opposition
If a newly published trademark conflicts with yours, you can challenge it during the opposition period. Here is how the process works.
Standing to oppose
You can file an opposition if you are the owner of an earlier registered trademark, an earlier unregistered mark with an established reputation, or another earlier right (such as a trade name or design right).
Grounds for opposition
The most common ground is likelihood of confusion - the contested mark is similar to yours and covers similar goods or services, such that consumers might be confused. Other grounds include marks with a reputation and earlier unregistered rights used in trade. Bad faith is not a ground for opposition, but it can be raised later in an invalidity action.
The process
Opposition is filed directly at the relevant office (e.g., EUIPO) within the opposition window. After filing, there is a cooling-off period during which the parties may negotiate. If no settlement is reached, the office issues a decision.
Costs
The EUIPO opposition fee is €320 per opposition. Legal representation is not mandatory but is strongly recommended for complex cases.
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