Trademark Opposition & Defense
During the publication period, any interested party may file an opposition within the statutory window. Once an opposition is received, the applicant must submit a timely response with supporting evidence. Deadlines, evidence formats, language rules, and official fees vary significantly across jurisdictions. This page provides an actionable checklist, timeline, and strategy options. Contact us for jurisdiction-specific requirements and a tailored quotation.
Typical questions we help you solve
A confusingly similar filing appears: should we intercept it by opposing during publication?
We are accused of likelihood of confusion / bad-faith filing / lack of distinctiveness. How do we respond and preserve our rights?
Do exhibits need notarization/legalization? Are sworn translations required?
Should we consider coexistence or narrowing goods/services to reach a commercial resolution?
Standard workflow (opponent / applicant)
Pre-search & conflict scoring: assess confusion strength, prior rights, and evidence gaps.
Strategy selection: single opposition, parallel invalidation, or open a settlement channel.
Preparation & filing: draft arguments, compile evidence, and pay official fees.
Procedural progression: corrections/supplements, adversary's briefs, and rejoinders.
Hearing / oral remarks (where applicable): prepare key points and cross-examination outlines.
Decision & follow-ups: review; appeal; or implement negotiated coexistence.
Document checklist (toggle by role)
A. As the Opponent
Proof of prior rights (registrations, use evidence, media reports).
Arguments & exhibits for confusion / passing off / bad faith.
Power of Attorney (if required).
Official fee receipts and submission summary (system-generated).
B. As the Applicant (Defense)
Evidence of actual use and good-faith acquisition.
Arguments on distinctiveness and differentiation (excluding generic/industry terms).
Evidence distinguishing from the opposed mark.
Power of Attorney and supporting documents as required.
Evidence & strategy essentials
Timing: align first use / reputation evidence to the filing and publication dates.
Formalities: some jurisdictions require originals, notarization/legalization, or sworn translations.
Strategy mix: narrowing goods/services, coexistence agreements, or parallel invalidations can reduce uncertainty and cost.
Fees & service packages
Basic Filing: draft opposition/response + formal submission.
Standard Filing: includes one round of supplemental evidence and official communication.
Full Representation: includes hearing preparation and oral remarks (where applicable).
Escalation: appeal documents and procedural follow-through.
Risk alerts
Missed deadlines: in many jurisdictions, late filings may forfeit procedural rights.
Insufficient evidence: lack of objective, verifiable prior-rights/use evidence materially weakens the case.
Cross-border formalities: non-compliant certifications or translations can trigger formal refusals.
