Trademark Opposition: Stop Conflicts Before They Register
When a conflicting trade mark application is published, timely action is crucial. Opposition allows you to prevent similar or identical marks from being registered, protecting your rights before they cause lasting damage. Abion’s legal experts guide you through every step, from risk assessment to filing and arguing your case. Ensuring your brand stays secure.
Why Opposition Matters for Your Brand
The problem
Most trade mark offices, including the EUIPO, work on a first-come, first-served basis. They don’t check if new applications conflict with existing marks. This means someone could register a name identical or similar to yours. Once approved, your options shrink, costs rise, and you risk litigation, rebranding, or losing market recognition.
Our solution
Early action is key. By monitoring new trade mark applications, we spot conflicts before they register. If needed, we act during the opposition phase — the critical window where your objection can stop approval. With Abion’s experts, you protect your rights, avoid costly disputes, and secure your brand’s value.
Discover
With Abion’s advanced database scans, potential conflicts are detected early so you don’t miss critical infringements.
Evaluate
Our legal experts assess the strength of your case and advise if opposition is the right move.
Take legal action
We prepare strong arguments, assemble the required documentation, and file your opposition on your behalf.
Trusted by Leading Brands in Trademark Conflicts
Two Sides of Opposition
Opposition can impact you in two key ways. Whether you’re filing against another’s application or defending your own, Abion ensures your rights are protected.
File an Opposition
Challenge a conflicting trade mark before it registers. We help you build a strong, evidence-based case.
It’s worth filing if:
- The application is identical or highly similar to your trade mark
- It’s filed in the same or overlapping classes
- The new mark could confuse customers or dilute your brand
- You risk losing exclusivity or credibility in your industry
Defend an Opposition
If your trade mark is opposed, we protect your rights with tailored arguments and expert guidance.
It’s worth defending if:
- Your application is central to your brand strategy
- The opposing party’s claims are weak or overly broad
- Settling would mean giving up important rights or markets
- You want to avoid costly rebranding or loss of goodwill
Talk to an Expert
Talk to our trademark attorneys and get tailored advice for your situation. With 17 offices and a legal team with of more than 140 experts, we are represented in almost all jurisdictions.
The Opposition Phase Is Your Legal Window - But It’s Narrow and Demanding
The opposition phase usually lasts just 30 days from the date a trademark is published in official records (like the EU Trade Marks Bulletin). Miss that window, and the trademark could be registered, even if it conflicts with your rights.
But filing an opposition isn’t just a matter of saying “this looks similar.” You need to provide detailed legal arguments, cite relevant case law or precedent, and often submit evidence of your existing trademark rights, market use, or reputation - all within strict procedural rules. Each jurisdiction (EU, US, UK, etc.) has its own timelines, thresholds for proof, and formalities that must be followed exactly.
Details matter
Even small mistakes like incorrect classifications or missing documentation, can lead to automatic dismissal. That’s why we at Abion handles every part of the process: from identifying threats and building a legal case to submitting it on time and defending it if challenged. With deep experience across jurisdictions, we give you the best chance of stopping conflicting trademarks before they become a bigger (and more expensive) problem.
Defending Against an Opposition
If your trademark application is opposed, the clock starts ticking. Trademark offices typically provide a strict and non-extendable window to respond — for example, two months at the EUIPO. If you don’t act in time, the opposition is automatically upheld and your application may be rejected.
Responding properly isn’t just about meeting the deadline. It’s about making a compelling case that your trademark deserves to be registered. The legal and evidentiary standards are high, and each jurisdiction has specific procedural rules that must be followed closely.
- You must respond within a short deadline (e.g., 2 months at EUIPO)
- Involves submitting counterarguments and possibly evidence
- A strong defense can save your registration and avoid delays
- Requires understanding both the legal grounds and the opponent’s strategy
- May lead to negotiation or resolution before formal decision
- Often best handled with legal guidance to protect your application
Trademark Opposition Explained: Process, Legal Grounds, and Key Considerations
Trademark opposition is a formal legal procedure that allows third parties to challenge a trademark application before it proceeds to registration. It typically occurs after the application has passed the initial examination stage and has been published for opposition in an official trademark bulletin.
In the European Union, this process is governed by the European Union Intellectual Property Office (EUIPO). Similar frameworks exist in other jurisdictions, such as the USPTO in the United States, the UKIPO in the United Kingdom, and national offices within the Madrid System.
When Does the Opposition Phase Begin?
After a trademark application is filed and preliminarily accepted by the office, it is published for opposition. This is the point at which third parties can formally object to the registration of the trademark.
EUIPO
The opposition window is 30 days from publication in the EU Trade Marks Bulletin.
USPTO
The opposition period is typically 30 days from publication in the Official Gazette.
UKIPO
A 2-month opposition period applies, extendable upon request.
During this window, a formal opposition must be submitted, along with legal reasoning and supporting evidence.
Legal Grounds for Opposition
- Likelihood of confusion with an earlier registered trademark or well-known unregistered mark
- Similarity in name, logo, sound, or overall impression that may mislead consumers
- Bad faith applications, where the applicant has no genuine intention to use the mark
- Descriptiveness, lack of distinctiveness, or use of generic terms
- Violation of rights such as copyright or design protections
- Use of protected designations (e.g., geographical indications, official emblems)
- Opposition may also be based on prior use rights, especially in jurisdictions
- where common law use establishes protection (e.g., the US).
Possible Outcomes
- Trademark application is refused or modified
- The opposition is dismissed and the mark proceeds to registration
- The case is settled through negotiation or withdrawal
- Appeal leads to reversal or reinforcement of the original decision
Defending against an opposition
If your trademark application is opposed, the clock starts ticking. Trademark offices typically provide a strict and non-extendable window to respond — for example, two months at the EUIPO. If you don’t act in time, the opposition is automatically upheld and your application may be rejected.
Responding properly isn’t just about meeting the deadline. It’s about making a compelling case that your trademark deserves to be registered. The legal and evidentiary standards are high, and each jurisdiction has specific procedural rules that must be followed closely.
Steps in the Opposition Process
- Notice of Opposition
A formal document submitted to the trademark office detailing the legal grounds for opposition, typically accompanied by a filing fee. - Cooling-off Period (EUIPO only)
A 2-month period where both parties may negotiate a settlement before the case becomes adversarial. This can be extended up to 24 months. - Arguments and Evidence Exchange
Both parties submit written arguments, case law references, and evidence supporting their position. This may include proof of use, market presence, or consumer confusion studies. - Review and Decision
The trademark office examines all submissions and issues a decision. The case may be upheld (trademark is blocked), rejected (application proceeds), or partially accepted (e.g., limited to certain classes). - Appeals
Decisions can be appealed to higher authorities such as the Board of Appeal (EUIPO) or Trademark Trial and Appeal Board (USPTO), depending on jurisdiction.
Your defense can include
- Arguments demonstrating clear differences in name, design, pronunciation, meaning, or overall commercial impression
- Evidence of fair, honest use in the market — especially if your use predates the opponent’s rights or shows no intention to confuse
- Proof of acquired distinctiveness, showing that consumers recognize your trademark as uniquely associated with your goods or services
- Legal rebuttals to weak or overly broad claims made by the opposing party, especially when based on registrations in unrelated classes or markets
- Requests for limitation or coexistence, where appropriate, to reduce overlap and reach a negotiated resolution.
Even if the opposition seems strong at first glance, many cases can be won — or settled — with the right legal strategy and framing. At Abion, we help you respond with precision, backed by legal precedent and an understanding of how trademark offices interpret similarity and risk.
Benefits of Working With Abion
Trademark opposition is rarely black and white. Should you file or not? Is the risk worth the time and resources? What are your real chances of success? These aren’t just legal questions - they’re strategic ones. That’s why working with the right partner matters.
At Abion, we combine trademark law expertise with commercial insight. Our goal is simple: to help you act early, wisely, and with confidence. From monitoring the market to defending your position, we make sure you’re protected, without overcomplicating the process.
You’ll benefit from working with Abion if
- You’ve spotted a trademark application that’s too close for comfort
- You’ve received an opposition notice and don’t know your next move
- You want a second opinion before committing to legal action
- You’re expanding into new markets and need cross-border protection
- You don’t have in-house legal support, but need expert advice you can trust
- Whether you're proactively opposing or responding to a challenge, Abion helps you understand your options, reduce risk, and stay one step ahead. We don’t just manage the legal process, we help you make the right decision for your brand.
FAQ About Opposition
While it's technically possible to file on your own, trademark opposition is a legal procedure — not just an administrative form. Without expert legal guidance, your case may be dismissed due to technical errors or weak argumentation. Our attorneys ensure your opposition is both compliant and strategically strong.
If the opposition window closes, options become much more limited. You may still be able to challenge the trademark through a cancellation action — but this is typically more complex, time-consuming, and expensive. Acting early is always your best chance.
To file an opposition, you must submit a formal notice with legal arguments and supporting evidence to the relevant trademark office. Each jurisdiction has its own format and requirements. At Abion, we handle the entire process for you — from building the legal case to managing all deadlines and filings.
In most jurisdictions, including the EUIPO, a trademark is published for 30 days. During this period, third parties can file an opposition if they believe the trademark conflicts with their existing rights.
Yes, but you need to understand and follow the local rules. Each jurisdiction (EU, US, UK, etc.) has its own timelines, procedures, and legal standards for opposition. Abion’s international legal team handles cross-border oppositions, tailoring strategies to each region.
Success depends on multiple factors, including the similarity of the marks, the goods or services involved, your prior rights, and how well the case is argued. At Abion, we maintain a 90% success rate in EUIPO oppositions by only pursuing cases with strong legal grounds and clear commercial justification.
Once published, the opposition window opens. If no one opposes the application within that timeframe, it typically proceeds to registration. If an opposition is filed, the case enters a legal review process, which may involve written arguments, evidence, and potentially hearings.
Trademark opposition is a legal process that allows third parties to challenge a trademark application before it becomes registered. It’s typically the last opportunity to stop a conflicting trademark from being approved, and it takes place during a set window after the application is published.
