Trademark Opposition

Once a trademark is accepted it is published in the Trade Marks Journal, and any party may oppose its registration within four months — typically on the ground that it conflicts with their own mark. The matter then proceeds through a notice of opposition, counter-statement, evidence, and a hearing.

The firm acts on either side — opposing a conflicting mark, or defending your application against an opposition — through the full proceeding, with a trademark attorney where required.

Trademark opposition support covers, including:

• Watching the journal and advising whether to oppose
• Filing the notice of opposition, or the counter-statement in defence
• Preparing the evidence affidavits
• Representation at the opposition hearing, with a TM attorney where needed
• Advice on settlement or coexistence where sensible

1. 01

   Assess

   Decide whether to oppose, or how to defend.

2. 02

   Notice / counter

   File the notice of opposition or the counter-statement.

3. 03

   Evidence

   File the supporting evidence affidavits.

4. 04

   Hearing & decision

   Argue the matter at the hearing for a decision.

PBT runs your opposition — for or against — through the full proceeding.

• A clear view of the merits before you commit
• Notice, counter-statement, and evidence handled
• Hearing representation where needed
• Settlement/coexistence considered where it serves you
• Scope, deliverables, and fees agreed in writing up front

• How long do I have to oppose a published mark?

  Four months from the date the mark is published in the Trade Marks Journal. We can watch the journal for conflicting marks.

• Someone has opposed my trademark — what now?

  You must file a counter-statement within the prescribed time, or the application is treated as abandoned. We prepare the defence and the evidence.

• How long does it take?

  Opposition proceedings run over many months through the notice, counter-statement, evidence, and hearing stages.