Trademark Opposition

Trademark Opposition: Protect Your Trademark From Challenges and Disputes

A Trademark Opposition is filed by a third party when they believe your trademark is too similar to their own or may cause confusion in the market. This happens after your trademark is published in the Trademark Journal. Opposition doesn’t mean your mark is rejected — it simply means someone has challenged it, and you now need to defend your brand.

Handling the opposition properly, within deadlines, is crucial to keeping your trademark application alive.

Why Trademark Opposition Happens

Opposition can be filed for reasons like:
• Similarity with an existing registered trademark
• Likelihood of confusion in the market
• Claim of prior usage by the opponent
• Trademark being descriptive or generic
• Incorrect classification
• Bad faith or misleading elements

The goal of opposition is to prevent mistaken identity and protect existing brands.

Importance of Filing a Strong Counter-Statement

When you receive a notice of opposition, the first step is to file a Counter-Statement within the deadline (usually 2 months). A detailed Counter-Statement helps you:
• Defend your trademark rights
• Present your side of the case
• Prevent automatic abandonment of your trademark
• Move the case toward evidence submission and hearing

Missing this step results in immediate loss of your trademark application.

Evidence, Arguments and Hearing

After the Counter-Statement, both parties submit evidence, usage proof, and legal arguments. The Registrar then sets a hearing date to decide the case.

A strong defence includes:
• Usage documents
• Invoices and marketing proof
• Website and social media evidence
• Legal arguments and case laws
• Clarification of distinctiveness

Proper representation significantly increases the chances of winning the opposition.