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What is the chance of someone opposing my trademark?

Written by Jan Buza

Co-founder of Trama

For most trademark applications, the probability of opposition is low. Roughly 5% of trademark applications globally receive an opposition. In some jurisdictions the rate is even lower.

The risk is higher where: the mark is similar to an existing registration in the same or related class, the mark operates in a crowded industry with many similar brand names, the earlier mark's owner is known to actively enforce their rights, or the application covers many classes, increasing the number of parties who could have grounds to oppose.

A trademark search before filing gives a realistic picture of the opposition risk. If no similar marks are identified in the relevant classes and jurisdictions, the risk is low.

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