Trade Mark Oppositions & Appeals

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.

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.

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.