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Filing an Opposition at the European Union Intellectual Property Office

European Union Intellectual Property Office EUIPO 🛡️ Opposition
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Government fee
$900–$1,500
per class, USD
Processing time
4–6 months
filing to registration
Madrid Protocol
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designate via WIPO
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The European Union Intellectual Property Office (EUIPO) plays a crucial role in the protection of trademarks within the EU. If you are a brand owner concerned about a potentially conflicting trademark application, filing an opposition can be a vital step in safeguarding your intellectual property rights. Understanding the opposition process at the EUIPO is essential for businesses looking to maintain their brand integrity and market position.

An opposition allows you to formally challenge a trademark application that you believe infringes upon your existing rights. This process can help prevent the registration of trademarks that could confuse consumers or dilute your brand. In this guide, we will explore the scope of filing and defending oppositions, the associated costs, timelines, and key considerations for brand owners navigating this important aspect of trademark law.

What's included

  • Assessment of the grounds for opposition
  • Preparation and filing of opposition documents
  • Representation during opposition proceedings
  • Defending against oppositions filed against your trademark
  • Negotiation and settlement options

Cost & timeline

💰 Typical cost

Filing an opposition at the EUIPO involves certain costs that brand owners should anticipate.

Govt fees: $900 to $1500 USD per class

Professional fees: $1,500 to $3,500 USD depending on complexity

⏱ Timeline

The standard processing time for opposition proceedings at the EUIPO is approximately 4-6 months.

  • Filing of the opposition
  • Initial examination by EUIPO
  • Submission of evidence by both parties
  • EUIPO decision on the opposition
  • Potential appeal process

How it works

1

Evaluate Grounds for Opposition

Determine whether you have valid grounds for opposing the trademark application, such as likelihood of confusion or prior rights.

2

Prepare Opposition Documents

Draft the necessary documents to formally file your opposition, including your arguments and supporting evidence.

3

File the Opposition

Submit your opposition to the EUIPO within the stipulated time frame, typically three months from the publication date of the application.

4

Engage in Proceedings

Participate in the opposition proceedings, which may involve submitting further evidence and responding to the applicant's arguments.

5

Await EUIPO Decision

After all evidence is submitted, await the EUIPO's decision on the opposition, which will determine the outcome.

Key considerations

  • Ensure timely filing to avoid missing the opposition window.
  • Gather comprehensive evidence to support your opposition.
  • Consider potential negotiation or settlement options with the applicant.
  • Understand the implications of a successful or unsuccessful opposition.
  • Consult with a trademark professional for tailored guidance.

Frequently asked questions

What is the opposition period at EUIPO?
The opposition period at the EUIPO is three months from the publication date of the trademark application. It is crucial to act within this timeframe to challenge the application.
What are the grounds for filing an opposition?
Common grounds for opposition include likelihood of confusion with an existing trademark, prior rights, and non-compliance with trademark registration requirements.
Can I defend against an opposition filed against my trademark?
Yes, if your trademark is opposed, you can file a defense by submitting evidence and arguments to counter the claims made by the opposing party.
How long does the opposition process take?
The opposition process at the EUIPO typically takes about 4-6 months from the filing of the opposition to the final decision.
What are the costs associated with filing an opposition?
Government filing fees for an opposition at the EUIPO range from $900 to $1500 USD per class, while professional fees may range from $1,500 to $3,500 USD.
Is it necessary to hire a trademark attorney for an opposition?
While it is not mandatory, hiring a trademark attorney can provide valuable expertise and increase the chances of a successful opposition.
What happens if my opposition is successful?
If your opposition is successful, the EUIPO will refuse the registration of the conflicting trademark, thereby protecting your brand rights.

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