Back to Oppositions

Can an abandonded trademark oppose my application?

Written by Jan Buza

Co-founder of Trama

An abandoned trademark; one whose registration has lapsed or whose application was withdrawn; cannot form the basis of a formal opposition in most jurisdictions, since it carries no active registered rights.

However, if the owner of the abandoned trademark is still using the mark in commerce, they may have common law rights (in first-to-use jurisdictions like the US) that could support an opposition based on prior use. The fact that the registration has lapsed does not necessarily mean commercial use has stopped.

In practice, an abandoned mark poses a low opposition risk through formal proceedings. The more relevant concern is whether the original owner is still actively using the name commercially, which would be worth checking before filing for a similar mark.

Related questions

Brands and environmentalism: EUIPO study reveals surge in 'green' trademarks

Increasing environmental concerns lead to shifting consumer behavior, and many brands address these concerns by registering ‘green’ trademarks. The results of the study conducted by EUIPO in 2021 found a 900% increase in green trademarks being filed, demonstrating that “growing interest in sustainability is indeed reflected in the EUTMs filed at the EUIPO [1]. Read about the current green trademark trend in the EU in this article.

christopher-burns-Wiu3w-99tNg-unsplash 1

Stories of our clients: Omniwave

One of the best things about life in trama™ is that we come into a first-hand contact with inspiring entrepreneurs, their breathtaking inventions and that we can make our small contribution to making their business aspirations come to life! Omniwave is certainly one of these cases and together with Jorn Mineur, project manager at Bloomline which launched its Omniwave technology, we explore the entrepreneurial path that led to this novel product.

Global Trends in Trademark Registration in 2022

In 2021, the IPO received a record 196,639 trade mark applications, a 43.5% increase from 2020 which was the previous record year for trade mark applications [1]. Both the number of applications and trade marks registered have been consistently rising since 2011. As the numbers continue to grow in 2022 we can observe a number of trends that continue to influence the world of IP rights.