Opposition Proceedings

The opposition process refers to a legal proceeding that allows third parties to challenge the registration of a trademark. When a trademark application is filed with the relevant trademark office, it undergoes a period of examination to determine if it meets the necessary requirements for registration. During this examination process, other individuals or companies who believe that the proposed trademark would infringe upon their existing rights or that it does not meet the legal requirements for registration can file an opposition.

Opposition proceedings provide an opportunity for third parties to challenge the validity of a trademark registration based on various grounds, such as the mark being too similar to an existing mark or lacking distinctiveness. The opposition is typically filed with the trademark office, and the applicant is given an opportunity to respond to the opposition. The trademark office will then consider the arguments made by both parties and make a decision on whether to grant or refuse the trademark registration.

From our blog


Perceived similarity of trademarks: Lessons from Starbucks trademark disputes

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Mobile Apps

How to protect a Mobile App with a Trademark?

People all over the world are using smartphones and tablets. As mobile app usage grows in popularity, the number of app downloads worldwide increases as well. The global mobile application market size was estimated at USD 187.58 billion in 2021 and is expected to reach USD 206.73 billion in 2022[1]. The trend shows that more and more people prefer to use mobile devices over the traditional system, which means more businesses are transitioning their services to mobile-first software solutions. Trademark registration offers an effective mechanism for protecting the uniqueness of this vital asset of any business, including mobile apps.