An opposition is an objection by a third party to an application for registration of a trademark. Most commonly, objections are raised because the third party owns an identical or similar trademark to the one for which registration has been applied. Whether you are the opposing third party or the applicant defending its trademark application, the process usually involve initial negotiations with a view to reaching settlement. If agreement cannot be reached then both sides would submit arguments and evidence in support of their claim or defence to the relevant Trademark Registry.
Oppositions are concerned with preventing the registration of a trademark, whereas infringement proceedings are concerned with the unauthorised use of an identical or similar trademark in commerce. Whilst these proceedings can be complicated, a lot of claims are settled outside of court, and negotiations can even include business deals and settlements that are beneficial to both parties.
As with any enforcement action, before launching a claim, it is important to check the strength and validity of your own rights, as well as other existing rights your opponent may have. Drexworld Management PLT can help you to do that.
