What is opposition in respect of a trade mark?

Opposition is an objection to a mark application, filed by a third party

Opposition is the procedure by which someone with an earlier right — usually a previously registered mark — objects to a new mark application that is too similar to it. After publication of an application at the BOIP or the EUIPO, other mark holders have the opportunity to respond if they believe that the new name or new logo could cause confusion with their own mark. This happens within a set period following publication; anyone who does nothing within that period loses this opportunity for this application.

An opposition is not an automatic rejection. It is the starting point of a procedure in which both parties can present their side of the case, and in which the BOIP or the EUIPO ultimately decides whether the application proceeds or not. For an entrepreneur who applies for a mark themselves, this means that an application that passes the initial examination is not yet final: as long as the opposition period is running, another mark holder can still file an objection. The same applies in reverse: if you already have a mark, you may encounter a new application from someone else that comes suspiciously close to it, and you can then take action against it — provided you do so within the period.

Where to find this information: EUIPO and BOIP

The procedure surrounding publication, the opposition period and the handling of an opposition can be found on the official websites of the two registers that apply to the Benelux and the European Union: the BOIP for a Benelux mark and the EUIPO for a European Union mark. Both offices describe how an application is published, who can file an opposition and how that procedure proceeds.