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What is a trademark opposition

What is a trademark opposition?

A trademark opposition is an objection filed by a third party that opposes to the registration of a trademark. Read below what you need to know about trademark registration and oppositions.

When are trademark oppositions filed?

Oppositions are filed normally after the trademark opposed is published for third parties to notice the application. However, the moment of publication, time frame to file the opposition and other requirements vary from country to country.

For instance, in Argentina, trademarks seeking to be registered are published in the Trademarks Bulletin for one day and third parties have a thirty days period to file oppositions to the registration of it.

How to handle a trademark opposition?

Depending on the country and applicable legislation, you will have different alternatives. Some countries offer both the opponent and the applicant of the trademark a grace period to reach an agreement. Additionally, oppositions are normally solved in an administrative process carried out before the trademarks office.

Take into account that the opposition system varies from country to country, so it is advisable to seek professional advice regarding the territory of the trademark registration.

Is it possible to avoid receiving trademark oppositions?

In general, it is not possible to avoid receiving oppositions. However, carrying out an extensive trademark search previous to filing the application will help you understand the posibilites of registration and receiving an opposition. Additionally, it will help you get prepared with time and strong arguments in case of finally receiving an opposition.

Conclusion

Oppositions are objections made by third parties to the registration of a trademark. Most trademark registration procedures in the world include an opposition filing period. The due dates, application and process will vary from country to country. Therefore, it is important to seek for professional advice and carry out an extensive search before filing the application.

If you are ready to register your trademarks, contact us.