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Own the deadline, focus the evidence, win on strategy

Trademark Opposition & Defence

While a trademark is in its publication period, any interested party may oppose it within the statutory time limit; an applicant who receives an opposition must file a defence and evidence within the set period.

Get a quote
  • File online
  • Quote online
  • Track progress online

Countries and regions differ markedly in time limits, forms of evidence, language and official fees. This page gives you a workable list of documents, a timeline and strategic options; contact us for the specific requirements of your chosen jurisdiction and a quote.

When you need it

  • An application similar to our core mark has appeared on the market: should we block it during the publication period?
  • The other side alleges that our mark is confusing, filed in bad faith or lacks distinctiveness: how do we defend it and keep our rights?
  • Does the evidence need notarisation or legalisation? Must translations be sworn?
  • Should we consider coexistence or limiting the goods and services to reach a commercial settlement?

What you get

  • A workable list of documents, a timeline and strategic options
  • The specific requirements of your chosen jurisdiction and a quote
  • A preliminary search and conflict score: strength of confusion, earlier rights and gaps in the evidence
  • A mix of strategies: limiting the designated goods or services, coexistence agreements, parallel invalidation

Standard procedure (opponent / applicant)

  1. Step 1

    Preliminary search and conflict score

    Identify the strength of confusion, earlier rights and gaps in the evidence

  2. Step 2

    Choice of strategy

    Assess a stand-alone opposition, parallel invalidation or a settlement window

  3. Step 3

    Preparation and filing

    Draft the grounds, organise the evidence and pay the official fees

  4. Step 4

    Progress of the proceedings

    Corrections or further evidence, the other side’s defence or rebuttal

  5. Step 5

    Panel review or hearing (where applicable)

    Prepare the key submissions and cross-examination

  6. Step 6

    Decision and follow-up

    Carry through review, appeal or a negotiated coexistence

Get a quote
  • File online
  • Quote online
  • Track progress online

What to prepare

As the opponent

  • Proof of earlier rights (registration certificates, evidence of use, media coverage)
  • Arguments and evidence of confusion, free-riding or bad faith
  • Power of attorney (if required)

As the applicant (defence)

  • Evidence of actual use of the mark and of good-faith acquisition
  • A statement on distinctiveness (ruling out terms customary in the trade)
  • Arguments on the differences from the opposing mark
  • Power of attorney and any necessary supporting documents

Fees and timing

Submit a quote request online; an agent assesses it and quotes. You pay only after confirming the quote.

The fee depends on the time limits, forms of evidence, language and official fees of the chosen jurisdiction.

The time required is given together with the quote.

FAQs

Got questions? We’ve got answers.

These are general guidelines; official rules and case-specific assessments apply.

Does the evidence need notarisation or legalisation? Must translations be sworn?
Some jurisdictions require originals, notarisation or an apostille, or sworn translations. Evidence that does not meet the certification and translation rules leads to refusal on formal grounds.
What happens if I miss a deadline?
In most jurisdictions, missing a time limit amounts to giving up the procedural right.
What are the consequences of weak evidence?
Without objective, verifiable evidence of earlier rights or use, the chances of success fall sharply. Earlier use or reputation must correspond to the date of application or publication.
Can the matter be settled by coexistence or by limiting the goods and services?
Limiting the designated goods or services, coexistence agreements and parallel invalidation can reduce uncertainty and cost.

Related services

Related countries and regions

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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