Trademark Opposition
Representing brand owners on both sides of an opposition, whether you are challenging a conflicting mark published in the Trade Marks Journal or defending your own application against a third-party challenge.
Any person can oppose a published trademark application within four months of publication in the Trade Marks Journal by filing a notice of opposition on Form TM-O. The applicant must then file a counter-statement within two months, after which both sides file evidence and the Registrar holds a hearing before deciding whether the mark proceeds to registration or is refused.
What our opposition practice covers
Representation on either side of the proceeding.
- Monitoring the Trade Marks Journal for conflicting marks that affect a client's brand
- Drafting and filing notices of opposition on Form TM-O within the four-month window
- Preparing counter-statements to defend applications that have been opposed
- Compiling evidence by way of affidavit to support either side's case
- Representing clients at opposition hearings before the Registrar
- Advising on settlement, co-existence agreements or appeal once the order is passed
The stages of an opposition proceeding
Each stage has its own filing deadline.
Notice of Opposition
Filed on Form TM-O within four months of journal publication, setting out the grounds of opposition.
Counter-Statement
Filed by the applicant within two months of receiving the notice, defending the application on its merits.
Evidence Stage
Both sides file evidence by affidavit in three sequential rounds under Rules 45 to 47 of the Trade Marks Rules.
Hearing & Order
A hearing before the Registrar, followed by a reasoned order either allowing or refusing the opposed mark.
Our process
From initial consultation to completion.
Grounds Assessment
Reviewing the conflicting marks and deciding whether opposition or a counter-statement is the right course.
Filing
Filing the notice of opposition or counter-statement within the applicable statutory deadline.
Evidence
Filing supporting affidavits and documentary evidence in the sequence set by the Registry.
Hearing
Presenting arguments at the hearing and tracking the Registrar's final order.
Why opposition proceedings need careful handling
What sets our approach apart.
Deadlines in opposition are strictly enforced
Missing the counter-statement deadline typically results in the application being deemed abandoned.
Evidence quality decides most outcomes
Opposition proceedings are largely won or lost on the strength of the affidavits and documents filed, not oral argument alone.
An unopposed but weak mark can still be challenged later
Even after registration, a mark can face rectification or cancellation if it was wrongly registered.
Trademark Opposition questions answered
What people ask before engaging us.
Facing or considering a trademark opposition?
We represent clients on both sides of opposition proceedings before the Registry.
