Sometimes the path to registration is strewn with challenges. But by negotiating a quick resolution, we can help limit any detrimental effects of trade mark opposition to your business.
Opposition procedures in the UK and EU are complicated and the stakes are often high. But we can look after all of this for you, allowing you to focus on the commercial aspects of any dispute.
If a third party challenges your trade mark, you may need to restrict the goods or services in question until you reach a resolution. There may be opportunities to counter-attack or to work towards an amicable solution. Either way, we’re adept at ensuring all this happens quickly, negotiating on your behalf for a smooth and speedy settlement.
You also have the right to challenge other trade mark applications if they pose a risk to your brand. Acting on your behalf, we commence trade mark opposition proceedings and help you reach a resolution that protects your business. While our trade mark monitoring service can help ensure your brand remains in a strong position.
Once a trade mark application has been accepted by the trade mark office concerned, it is published for opposition purposes in the official trade mark bulletin or journal. At that stage, any third party can oppose the trade mark application by filing a Notice of Opposition. The opposition period for UK Trade Mark Applications is 2 months. This can be extended by one month by any party filing a Notice of Threatened Opposition. The EU trade mark opposition period is 3 months.
A third party’s trade mark application can be opposed on the grounds that the mark is identical or confusingly similar to your earlier registered trade mark. Depending on how long your earlier trade mark has been registered, it may be necessary to provide proof that that trade mark has been used in relation to the relevant goods or services.
Earlier unregistered rights can also be invoked as grounds for trade mark opposition and we would review your earlier rights and advise which would be the best to rely on, to ensure that the opposition has the best chance of succeeding. In order to rely on unregistered rights, it is necessary to submit substantial evidence of use to demonstrate that the trade mark has a sufficient reputation.
We have an excellent track record on handling trade mark oppositions. If you’d like to learn more, please get in touch.
