Nov 7, 2022 | Oppositions Against European Trademarks

Oppositions Against European Trademarks

European Trademarks:
European Trademarks (“EUTM”) requires only a single trademark registration to enjoy trademark protections in 27 regions of the European Union.

Oppositions Against EUTM
Given this odd extensive coverage of EUTM, EUTM applications receives popularity. Contemporaneously, EUTM receives criticisms deriving from such popularity.

How Oppositions Against EUTM all begin?
Once application for a EUTM is made, the examination authority would begin their investigations. Upon approval, it is published in the EU Trademark Journal. The application is then open for others to oppose its registration for a period of three months. If there are no oppositions, the trademark application will be registered. The three-month opposition period cannot be extended.

Typical Steps for Opposing EUTM
• The opposition notice must be filed within the three-month period.
• After filing the objection notice, a two-month cooling off period will begin. The initial “cooling off period” can be extended for another 22 months.
• Once the “cooling off period” ends, the opponent is required to submit evidence within two months. Thereafter, the EUTM applicant will have two months to reply.
• The opposition decision will be issued after subsequent review of arguments and evidence
• The opposition decision is open to appeal in two ways within two months of the decision.

The following briefly describes the typical steps for opposing EUTM for further reference.