Opposition to a trademark application

Who may oppose

• Owners of an earlier registered identical or similar mark.
• Holders of earlier acquired rights (company name, personal name, copyright).
• Owners of well-known marks under Art. 6bis of the Paris Convention.

Deadline

3 months from publication in the Bulletin (Art. 142(1)).

What the opposition contains

• Opponent identification.
• Grounds with citations.
• Evidence (registrations, use).
• Proof of fee payment.

Opposition procedure

1. IPPO admits the opposition and serves it on the applicant.
2. Applicant submits a response within 60 days.
3. Optional reply and rejoinder.
4. IPPO decides: upheld, partially upheld, or rejected.

Appeal

An appeal to the Administrative Court must be filed within 30 days.

Tips

• Document use and reputation.
• Prepare a clear sign-by-sign and goods-by-goods comparison.
• Get a professional similarity analysis early.