Can the trademark opposition process incur any costs?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, it can. When you apply for a trademark by filing an application with the IP Office, you will need to pay the government fees (IP office's fees) and service fees (if you use the services of an IP law firm such as Trama). In the price of drafting and filing an application, fees for additional legal representation (if needed) are usually not included.

Additional legal representation usually refers to any further legal work required to ensure the registration can proceed if an issue is raised after filing. An example of such work may include a response to an office action or a response to opposition. The price of representation varies from case to case, and you should be informed about it by your legal representative before proceeding.

It is important to note that the abovementioned issues may or may not occur. To minimalize the risk of receiving an opposition, it's recommended to get an overview of trademark owners who might have legal grounds to oppose your application. This can be achieved by performing a so-called trademark search before filing the application. Then, if the risk of opposition is too high, you can, for example, preemptively add another distinctive element to your mark to minimize that risk.

To see if your brand is trademarkable, feel free to use Trama's lawyer's check. The procedure is completely free of charge, and you'll receive the results in 24 hours at the latest.

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