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What is an opposition?
Any person who believes thatits rights would be damaged by the registration of a mark may file an opposition with the Trademark Office within a determined period (depending on the national legislation) after the mark is published for opposition.
The notice of opposition can be based on a trademark application or on an earlier registered trademark. The trademarks can be national (or Benelux) trademarks from the country in which you try to obtain a protection for your trademark.
Earlier trademarks constituting basis for an opposition against a Community Trademark Application can be national trademarks from one of the Member States of the European Union (national), international trademarks (registered under the Madrid Agreement and Protocol) or trademarks from the Benelux Trademark Office.
Before certain registers (in particular the Community Trademark Register) it is also possible to base opposition on well-known trademarks protected under Article 6 bis of the Paris Convention (an International Agreement relating to Industrial Property Protection). Finally, opposition can also be based on earlier rights within the EU that are not just applicable to particular localities, provided that the national law governing these rights allows the proprietor to prohibit the use of a subsequent trademark.
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?