Opposition against a trademark in Canada

Legal Advice in the Trademark Opposition Procedure in Canada

As experienced attorneys, we offer you comprehensive support in the opposition process against the registration of trademarks in Canada. If you believe that your trademark rights are infringed by the registration of a new trademark, you have the option to actively file an opposition to defend your interests.

Deadlines for Filing an Opposition in Canadian Trademark Law

In Canadian trademark law, the opposition must be submitted within 2 months of the publication of the contested trademark in the Canadian Intellectual Property Office (CIPO). Timely submission is essential, as failures in this phase may lead to your opposition not being considered. We recommend acting early to ensure that all necessary steps are taken on time.

Common Grounds for Opposition

The most common reasons for filing an opposition include:

• Likelihood of Confusion: If the new mark is similar in appearance, sound, or meaning to your existing mark, this could lead to confusion among consumers who may believe that the products or services come from the same source.
• Prior Use: If you have used your mark before the registration of the new mark, you can assert your prior use. This is particularly relevant if your mark is already established in the public domain.
• Insufficient Distinctiveness: Marks that do not have sufficient distinguishing features or are generic may be considered unprotectable.

Process and Duration of the Opposition Procedure

The entire opposition procedure can take several months, depending on the complexity of the case and the processing times at the CIPO. We will keep you regularly informed about all relevant developments throughout the entire process.

Our Services for Enforcing your Trademark Rights

• Assessment of Success Chances: We conduct a detailed analysis of the likelihood of success for your opposition and provide you with informed strategic recommendations.
• Preparation of Required Documentation: We handle the preparation of all necessary documents for your opposition and present your arguments clearly and convincingly.
• Individual Legal Advice: We assist you in developing a tailored strategy for enforcing your trademark rights.
• Representation in the Opposition Procedure: We manage communication with the CIPO and keep you updated on the progress of your application.

Free Initial Consultation to Analyze your Situation

We offer you a free and non-binding initial consultation, in which we will thoroughly analyze your situation and provide you with recommendations for the next steps. Your inquiry will, of course, be treated confidentially, and we are available for any further questions.

Please do not hesitate to contact us if you need more information or support in other countries. We are always here to help you.