Opposing an EU Trademark Application at EUIPO

Order to file an opposition against a trademark application at the EUIPO

Here you can instruct us to file an opposition against an EU trademark.

After placing the order, we check the chances of success of the opposition. We then prepare an opposition and a statement of grounds for the opposition.

Furthermore, we represent you in the ongoing opposition proceedings, prepare the necessary statements and report to you on them. 

How does the opposition procedure at the EUIPO work?

The opposition procedure at the European Intellectual Property Office (EUIPO) is a procedure in which a third party files an opposition against the registration of a trademark. The purpose of the procedure is to determine whether the trademark applied for conflicts with the rights of the third party.

The procedure is divided into several phases:

• Filing of opposition: A third party who believes that the trademark applied for conflicts with his or her rights may file an opposition with the EUIPO within three months of the publication of the trademark application.
• Preliminary proceedings: After the opposition is filed, the applicant for the trademark is notified of the opposition and given the opportunity to respond. The opponent will also receive a copy of the applicant's response.
• Evidentiary Procedure: If the parties are unable to reach an agreement, EUIPO may initiate an evidentiary procedure. This procedure allows the parties to present evidence and call witnesses.
• Decision: After the conclusion of the evidentiary procedure, a decision will be rendered. The decision may allow or reject the opposition in whole or in part. If the opposition is allowed, the mark will not be registered. If the opposition is rejected, the trademark will be registered.

It is important to note that the proceedings at EUIPO are usually conducted in writing. However, parties may also file requests for oral hearings if they deem it necessary. However, oral hearings before the EUIPO are still rare.

Who bears the costs in opposition proceedings?

After the conclusion of the opposition proceedings, the EUIPO also determines the reimbursement of costs. The unsuccessful party has to bear the official fees and the attorney's fees of the opposing party.