What are oppositions?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

An opposition is a formal challenge filed by a third party against a trademark application during the publication period, before the mark is registered. Oppositions allow earlier trademark holders and other interested parties to prevent the registration of a mark they believe conflicts with their existing rights.

Oppositions are most commonly initiated when there’s a likelihood of confusion with an earlier registered or pending mark. Other grounds include the mark being descriptive, deceptive, or contrary to public policy. If the IP office accepts the opposition and finds it well-founded, the application is refused. If the opposition is rejected, the application proceeds to registration.

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