European Trademark Registration Services
Notice of Oppositions

It is fairly common for objections to be raised on examination, although it is often possible to overcome these objections by, for example, filing written arguments, attending oral hearings or submitting evidence such as evidence that a mark has become distinctive of the goods/services for which registration is sought by virtue of the use made of it. We can review your notice of opposition at no cost and let you know how much we think it will cost for us to respond. Typically, we charge an hourly rate for responding to notice of oppositions.

In the Community, an opposition may be based on a prior CTM registration; national registration; international registration under the Madrid Agreement; or other right, such as a common law mark (e.g., in the U.K.). The opposition filing fee is approximately 350 Euros plus legal fees based on an hourly rate of £150.00.

The major potential disadvantage of the CTM system is that a successful opposition from a third party in only one country will prevent a mark from being registered under the CTM Act. (Similarly, an injunction against infringement granted in a CTM court and based on a CTM registration will be enforceable throughout the EU.) Furthermore, the loser in an opposition is required to pay at least partial opposition costs.

As a Community trade mark is a unitary right, if grounds for refusing a CTM application exist in respect of one or more member state, the application will be rejected as a whole. In these circumstances, it is possible to convert a CTM application into national applications, retaining the filing date of the CTM application, in those member states where grounds for refusal do not exist.