Opposition defence / filing

Someone opposed your mark — or someone is squatting on your brand

Deadline: Defence within 30 days of receiving the notice; opposition within the publication window (now two months)
Legal basis: Trademark Law art. 33 (opposition) and art. 35 (defence)
What this is

Opposition happens during the publication window: once your mark passes preliminary examination anyone with prior rights may oppose it — and equally, you have that same window to stop a squatter. Note that under the revised Trademark Law the window has been cut from three months to two, leaving less time to react. Ignoring a defence notice means waiving your right to be heard, and the Office may decide without you.

When you need it
  • Your mark was opposed during publication and you received a defence notice
  • A squatter’s filing has entered publication and you need to act within the two-month window
  • The opposition cites similarity or bad faith and you need arguments
  • You are unsure whether the opposition is strong enough to fight
What to prepare
  • Application or registration number of the mark at issue
  • The opposition defence notice (if defending)
  • Prior-use evidence: contracts, invoices, ad spend, e-commerce pages, trade-show material
  • Proof of legal personality (business licence or ID)
  • Power of attorney
Fee
Quoted after case assessment, covering arguments, evidence review and all responses
Not sure this is your situation?

Run the free tools first — they will tell you whether the problem is prior marks, absolute grounds, or something else.

Tell us about the mark

A consultant checks the mark’s status first, then calls you with an assessment and a quote.

As it appears on the certificate or filing.
Class and number help us verify the mark before we call. Leave blank if you are not sure — we can look it up.
🔒We verify every number by SMS. Your information is encrypted and used only for this enquiry.
No charge for the initial assessment. No obligation.
FAQ

Questions about this service

What if I do not respond?

You waive your right to be heard. The Office decides on the opponent’s submissions alone, and refusal is the usual outcome — which is why the 30-day deadline must be treated as hard.

How likely is the defence to succeed?

It depends on the grounds and the evidence. Similarity cases turn on how close the goods and marks are; bad-faith cases turn on proving an agency or business relationship, or prior use with influence. We assess first, then tell you whether it is worth the cost.

Can I oppose and cancel at the same time?

Yes, and it is common. Cancellation removes the other side’s rights basis while opposition blocks their filing. Deadlines and evidence requirements differ, so they run on separate tracks.

How long does it take?

Typically 12–18 months from filing to decision, longer for complex cases. Evidence can be supplemented in the meantime and we report at each milestone.

Free risk check
☎Free risk checkRejection