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How can I deal with an opposition to my trademark application?

Founder & Trademark Attorney

Once you receive a notice of opposition, the immediate priority is understanding the grounds and assessing how strong the opposing party's case is. The notice identifies the earlier mark and the grounds relied upon.

Most oppositions are resolved by settlement. Approaching the opposing party with a co-existence proposal; agreeing on how both marks can be used without creating confusion; resolves the matter without proceeding to a hearing. Where settlement is not possible, a formal defense before the IP office or tribunal is the alternative.

A trademark attorney should be involved from the outset. Opposition proceedings are procedurally complex; mistakes in timing or evidence submission can be difficult to recover from.

Related questions

Stories of our clients: Eonce chocolate

“We focus on making simple and delicious chocolate, ethically sourced and without additives. That’s the real alchemy where you take something that does not exist and turn it into a reality that people can see, taste, touch and smell.” Jose and Julie first met in Culinary School in Seville and it has been their dream come true to establish Eonce Chocolate, a delicious brand proudly protected by Trama.

Words to avoid when choosing a trademark

Your trademark is the face your brand. Trademark registration helps your customers to identify the goods and services you offer and differentiate them from the ones offered by your competitors. It is then essential to make sure that your trademark is distinct and recognisable enough to represent your brand.