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Trademark Oppositions

 

Challenge a conflicting trademark application — or defend your own against a challenge.

When a trademark application is filed that conflicts with your existing rights, you have a limited window to oppose it. Acting quickly and strategically at this stage is far less costly than pursuing infringement proceedings later. Equally, if your own application faces an opposition, the right response can make the difference between keeping your trademark and losing it.

 

Opposing a Trademark Application

If a third party applies to register a mark that is the same as or confusingly similar to yours, you can file an opposition with the relevant trademark registry. Grounds for opposition include:

  • The mark is too similar to your existing registered trademark
  • The mark is too similar to a name you have been using in trade, even if unregistered
  • The application was made in bad faith
  • The mark is descriptive or otherwise should not have been registered

 

What the Service Involves

We work with you at whatever level of involvement you need — from a focused trademark search and assessment on names you have already chosen, to a more hands-on process where we help you develop and evaluate naming options from the start. The service includes:

  • Trademark searches across relevant territories to assess availability
  • An honest assessment of each name’s registrability and commercial risk
  • Guidance on what makes a name strong from a trademark perspective
  • Filing the trademark application once a name is confirmed
  • Advice on domain availability and social media handle considerations where relevant

We assess the strength of your position, advise on the best grounds for opposition and manage the process through the registry’s proceedings.

 

Responding to an Opposition

If your trademark application is opposed, we will review the grounds being raised and advise on your options — whether that is defending the application, negotiating a coexistence agreement, or amending the application to resolve the conflict.

 

Infringement and Disputes Beyond the Registry

If a trademark dispute arises outside the registration process — such as another business using a name or logo that infringes your rights — we can advise on your position and assist with cease and desist correspondence and infringement notices. Where a dispute needs to proceed to court, we work with trusted litigation partners to ensure you are in the best hands.

 

What's next?

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