Trade Mark Oppositions & Appeals
Representation for your trade mark oppositions
Trade mark oppositions, globally
Murgitroyd files, manages and represents clients with their trade mark oppositions all over the world and has done so for over 45 years. We are able to act directly in the UK, Denmark, Finland, France, Germany, Italy, Ireland, Norway, Sweden and Switzerland and can assist in any country, thanks to our trusted network of foreign associates providing global reach.
Your brand, in safe hands
At Murgitroyd, we ensure that every Attorney in our team has contentious expertise and is a steadfast and knowledgeable opposing attorney. We consider this essential since filing and prosecution must always have in mind the goal of avoiding or defeating opposition, and the necessary instincts can only be developed through experience with trade mark oppositions.
Opposition and legal practice are constantly evolving and so our attorneys work closely together, to ensure that our expertise is cumulative and current.
Our key areas of trade mark oppositions include:
- UK oppositions
- EUIPO oppositions
- Irish oppositions
- French / German / Italian oppositions,
- US TTAB oppositions (in close partnership with our US associates)
- Opposition and invalidation of bad faith applications or registrations in key jurisdictions
Murgitroyd’s approach to opposition is agile but assertive, and constantly adapts to the changing dynamics of a dispute, as well as your priorities.
Talk to us to find out more
What is a Trade Mark Opposition?
A trade mark opposition is a process in which one party objects to the registration of another’s trade mark. Any earlier rights holder can file an opposition with the relevant registering authority. Oppositions are usually filed before the trade mark has been officially registered, typically during the publication period. If successful, the opposition will stop the application from being registered.
What happens after a trade mark opposition?
Once an opposition is filed, the trade mark applicant will be given an opportunity to respond. Usually, evidence rounds follow before a decision is taken (either from the papers or following an oral hearing). If the opposition is successful, the application for registration will be rejected by the Trade mark Office. Various appeal options usually apply.
If the opposition is unsuccessful, however, the application will proceed to registration.
How long does trade mark opposition take?
The length of time it takes for opposition proceedings to reach a conclusion will vary, depending on different factors. Jurisdictions move at different speeds, and filing requirements vary. The complexity of the case, as well as the volume of evidence, will have a significant effect. Appeals can also extend the process. Generally speaking, the process could take anywhere between six months and several years.
It is important to note that trade mark oppositions can be costly and time-consuming, so it is best to get advice from an experienced attorney before proceeding with this course of action.
FAQs: Trade Mark Opposition