As with other parts of the trademark registration process, the length of the opposition period depends on the country, with a few examples being:
- USA - 1 month
- UK - 2 months
- EU - 3 months
- Canada - 2 months
- Australia - 2 months
- New Zealand - 3 months
- China - 3 months
- Japan - 2 months
- Brazil - 2 months
- Russia - 6 months
- Vietnam - 11 months
In some jurisdictions, e.g. the USA or the UK, the opposing side can request an extension on the deadline.
Bear in mind these are merely the timeframes during which opposition can be filed; if you receive an opposition, the IP office doesn't have to reach a resolution within the period. For example, in China, oppositions are open for three months, but if an opposition is raised, the average review time is 11 months, and the timeframe for a ruling on the opposition is 12-18 months on average.
For these reasons, it is crucial for business owners to perform a trademark search to learn about similar trademarks whose owners would have legal grounds to raise an opposition. Even if oppositions cannot be fully avoided, this information helps plan other business operations around the fact that the trademark may be approved later than expected or that some time should be allocated towards preparing a defence.
