Opposition against EU Trademark Application at EUIPO

Understanding the Opposition Process Against EU Trademark Applications at EUIPO

An opposition is a formal procedure that allows trademark holders to contest the registration of a new EU trademark that may infringe upon their existing rights. This process is managed by the European Union Intellectual Property Office (EUIPO).

Key Aspects of the Opposition Procedure

• Filing Deadline:
  An opposition must be filed within three months from the date of publication of the trademark application in the EU Trade Marks Bulletin. Adhering to this strict deadline is essential, as late submissions are not considered.
• Grounds for Opposition:
  Common grounds for opposition include:
  
  
  • Likelihood of Confusion: If the proposed trademark is similar to your existing mark and pertains to related goods or services, it may cause consumer confusion.
  • Reputation of an Earlier Trademark: If your trademark has a significant reputation, you can oppose a new application that seeks to take unfair advantage of or is detrimental to the distinctive character or repute of your mark.
  • Earlier Rights: Ownership of an earlier registered trademark or other prior rights can serve as a basis for opposition.

Procedure Overview

1. Filing the Opposition:
   A notice of opposition must be submitted to the EUIPO within the specified three-month period. The opposition should detail the grounds for opposition and include supporting evidence.
2. Cooling-Off Period:
   After the opposition is filed, there is an initial "cooling-off" period of 24 months, intended to encourage amicable settlements between the parties. If both parties agree, this period can be extended.
3. Adversarial Stage:
   If no settlement is reached, the opposition enters the adversarial stage, where both parties submit arguments and evidence to support their positions.
4. Decision:
   The EUIPO examines the submissions and issues a decision to uphold or reject the opposition. This decision can be appealed by either party.

Cost Reimbursement in Case of a Successful Opposition

If your opposition is successful, the losing party is generally required to reimburse certain official fees and legal costs incurred during the proceedings. The amount of costs awarded is determined by the EUIPO based on fixed cost ceilings, which include opposition fees and legal representation costs. However, full reimbursement of all legal expenses is not guaranteed.

At Liesegang & Partner, we carefully evaluate the financial implications of an opposition and provide a cost-benefit analysis before proceeding.

Why Choose Liesegang & Partner?

Navigating the complexities of EU trademark opposition requires specialized legal expertise. At Liesegang & Partner, our attorneys are certified specialists in intellectual property law, offering comprehensive services to protect your trademark rights.

Our Services Include:

• Expert Consultation: Personalized advice tailored to your specific situation.
• Strategic Assessment: Evaluation of the potential success of an opposition based on thorough analysis.
• Procedural Management: Handling all aspects of the opposition process, from filing to representation before the EUIPO.
• Negotiation Support: Assisting in settlement discussions during the cooling-off period to achieve favorable outcomes without prolonged litigation.

Contact Us Today

Protect your brand's integrity and market position by entrusting your trademark opposition to seasoned professionals. Contact Liesegang & Partner today to ensure your intellectual property rights are robustly defended.