Trademark Opposition: Defending Your Brand Before Registration
Trademark opposition is a legal procedure that allows third parties to challenge a trademark application before it becomes officially registered. Once a trademark is examined and approved by the trademark office, it is published in the official trademark journal. During this publication period—usually 30 days—any individual or business that believes the new mark could harm their existing rights can file an opposition.
The most common reason for trademark opposition is the likelihood of confusion—when the new mark is too similar to an existing one in terms of appearance, sound, meaning, or goods/services. Other grounds include prior use, bad faith, descriptiveness, or that the mark is generic or misleading.
The opposition process is formal and often resembles a mini-trial, involving written submissions, evidence, and legal arguments. Both parties—the applicant and the opponent—must present their case to the relevant authority (such as the TTAB in the U.S.).
Facing a trademark opposition doesn’t automatically mean rejection. Many disputes are settled through negotiation or by modifying the application. However, responding effectively requires legal strategy, and working with a trademark expert or attorney is strongly recommended to protect your brand's future.