Trademark Opposition is a legal challenge raised by a third party when they believe your trademark is too similar to theirs or may cause confusion. It occurs after your mark is published in the Trademark Journal but before registration.
Opposition happens after the trademark is accepted by the examiner and published in the Journal. Anyone who has a conflict or concern can raise an opposition within 4 months of publication.
Trademark law allows any person aggrieved to oppose your mark.
The documents required depend on whether you are filing the opposition or defending against one.
The opponent files a notice explaining why your trademark should not be registered. This is the first and most crucial stage.
You (the applicant) must submit a Counter-Statement within 2 months of receiving the notice. Failure to file Your trademark application is automatically abandoned. The counter-statement
includes your defence against
the claims.
After your counter-statement, the opponent may file evidence such as:
You can now submit your own evidence to support your trademark, such as:
This helps establish your rightful claim.
If required, both parties present their arguments before the Trademark Officer. Legal representation is highly recommended at this stage.
After reviewing submissions and hearings, the officer will decide:
If accepted, your trademark proceeds to registration.
Opposition can be filed within 4 months from trademark journal publication
Counter-statement must be filed within 2 months
Evidence stages take 3–6 months each
Hearing may be scheduled within 6–12 months
Final decision takes 12–24 months depending on case volume
Rules and Limitations of Trademark Registration
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