What are the chances of opposition to my trademark application?

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Written by Tomas Orsula

Senior Trademark Attorney

Generally, trademark opposition happens in about 5% of all cases. However, your chances will depend on a couple of factors, including:

  • Jurisdiction(s) of your choice. Not only are some countries more sought after than others, but remember that if you are applying in the EU, your application may be opposed by owners of European as well as national trademarks.
  • The number of classes listed on your application. The more classes you choose, the more potential overlap you can have with other already registered trademarks.
  • Your mark. For example, due to their nature, wordmarks generally have a higher chance of being similar to other wordmarks than logos to other logos.
  • The likelihood of the other brand coming forward. This requires a deeper analysis of the company, including their size, how actively they have used the trademark, etc.

If you would like to establish the chances of successfully registering your trademark, we offer a free lawyer's check where we search for potentially conflicting trademarks in countries of your choice.

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