Written by Jan Buza
Co-founder of Trama
If you file a trademark application and find out there is a holder of an identical or confusingly similar name working in the same industry (and attracting the same customers with related goods and services), your application might get threatened.
If your application passes the examination process, it is published for opposition. The length of the opposition period depends on a concrete jurisdiction. For example, in the US, the opposition period is open for 30 days. In the EU, it is three months, and in the UK, two months. Additionally, these periods are usually extendable.
During the opposition period, any holder of a similar or identical mark has legal grounds to oppose your trademark application based on the likelihood of confusion between the marks. If you receive opposition, you are always invited to resolve the issue amicably with the third party (opponent). If this is not the case, the final ruling will be established by the IP office based on the evidence provided by the 3rd party and your response to the evidence. It is always a good idea to hire a legal representative who can respond to the opposition on your behalf.
What colour version of the logo should I choose when registering a trademark?
Is the trademark registration through UKIPO valid in the Netherlands?
How can I make my trademark less descriptive of my business offering?
Can I change countries during the trademark registration process?
What is better – to have separate national trademark registrations or a single EU registration?
Can I write my brand name in a different font after registering it as a trademark?
Shall we register a word trademark, image trademark, or a combination?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
