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How does the EU trademark opposition process work?

Founder & Trademark Attorney

After an EU trademark application passes examination, it is published in the EU Trade Marks Bulletin. From the publication date, there is a three-month window during which any third party can file an opposition against the application.

An opposition must be based on one or more earlier rights, typically an earlier trademark that is identical or confusingly similar and covers identical or similar goods or services. Once an opposition is filed, both parties enter a two-month cooling-off period during which they can attempt to reach a settlement.

If no settlement is reached, the proceedings move to the adversarial phase. Both parties submit observations and evidence, and the EUIPO issues a decision either upholding the opposition (resulting in refusal) or rejecting it (allowing the application to proceed). Either party can appeal to the EUIPO's Board of Appeal.

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