Can I raise a trademark opposition myself?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

The simple answer is yes - anyone can oppose a trademark. This can even be a person who does not have a registered trademark in a given country. However, some conditions must be met.

Filing an opposition is based on either absolute or relative grounds.

Absolute grounds for opposition or refusal relate to those marks that fail to function as trademarks. If you believe a mark fails to distinguish its goods and services from other brands, you might be able to file an opposition on absolute grounds.

Relative grounds for refusal apply to such cases where an earlier owner of a mark files an opposition against a pending trademark due to significant similarity between the two marks in question. The similarity must be notable enough to result in confusion in the market.

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