Trademark Opposition

Types of Trademark Oppositions

There are a number of different trademark oppositions, these are:

1. Oppositions to trade mark applications

If the Trade Marks Office accepts a trademark application, it will be published in the Official Journal of Trade Marks. Third parties are then able to file a Notice of Opposition in response to the application for up to two months after the date of publication. This two-month period can be extended in restricted circumstances. If an opposition is received, the trademark may take some time to be resolved. An application may be opposed on various grounds, including those available to the examiner.

Alternatively, an opponent might claim that the applicant is not the true owner of the trademark, or that the mark was obtained on the basis of false statements or representations. The opponent must provide evidence in support of their claim and the applicant will be afforded the opportunity to respond. A hearing may even be scheduled.

2. Non use oppositions

In some instances parties may seek to remove a trademark from the trademarks register for non-use. Much like oppositions that arise in relation to trademark applications, oppositions may also arise where the registrant of a trademark opposes an application to remove a trade mark for non-use.

Our trademark opposition services

We take care of the whole opposition process on your behalf, including:

• Providing strategic and tactical advice in relation to oppositions;
• Preparing notice of opposition and statement of grounds and particulars (SGP);
• Defending trademark oppositions;
• Preparing non use applications, and defending non use applications;
• Attending and advocating at opposition hearings;

Our other trademark services include: