After a European Union Trade Mark (EUTM) application passes EUIPO's examination and is published in the EU Trade Marks Bulletin, it enters a 3-month opposition period under Article 46 of the EU Trade Mark Regulation (EU 2017/1001). During this window, any person or entity with earlier rights can file a formal opposition to prevent the mark from being registered.
Understanding the opposition process, whether you are filing one or defending against one, is critical for protecting your brand investment in Europe.
Pro tip: Before filing your EUTM, run a free trademark check to identify marks that could oppose your application. Knowing the landscape in advance helps you make strategic filing decisions.
Who Can File an Opposition?
Under Article 46 EUTMR, oppositions can be filed by:
- Owners of earlier EUTMs: registered or pending applications with an earlier filing date
- Owners of earlier national marks: marks registered in any EU member state
- Owners of earlier international registrations: Madrid Protocol designations covering the EU or individual member states
- Licensees: authorized by the trade mark owner to file on their behalf
- Owners of well-known marks: marks recognized as well-known under Article 6bis of the Paris Convention, even if unregistered
The Opposition Timeline
| Stage | Duration |
|---|---|
| Publication in EU Trade Marks Bulletin | Day 0 |
| Opposition period | 3 months from publication |
| Notification to applicant | Within days of opposition filing |
| Cooling-off period | 2 months (extendable to 24 months by agreement) |
| Adversarial phase (if no settlement) | 2 to 4 months per round of submissions |
| EUIPO decision | Typically 12 to 18 months from opposition filing |
The entire opposition process, from filing to decision, can take 12 to 24 months depending on complexity, extensions, and whether proof of use is requested.
Grounds for Opposition (Article 8 EUTMR)
Article 8(1)(a): Double Identity
The opposed mark is identical to an earlier mark for identical goods or services. This is the strongest ground. No likelihood of confusion analysis is needed.
Article 8(1)(b): Likelihood of Confusion
The opposed mark is identical or similar to an earlier mark for identical or similar goods or services, and there exists a likelihood of confusion on the part of the relevant public. This is the most commonly invoked ground.
EUIPO assesses likelihood of confusion through a global assessment considering:
- Visual, phonetic, and conceptual similarity of the marks
- Similarity of the goods and services (Nice Classification comparison)
- Distinctive character of the earlier mark (inherent or acquired)
- Relevant public's level of attention
Article 8(4): Non-Registered Marks and Signs Used in Commerce
Earlier unregistered marks or signs used in the course of trade of more than mere local significance. The opponent must prove that the sign gives them the right to prohibit use of the later mark under the national law of the relevant member state.
Article 8(5): Reputation
The earlier mark has a reputation in the EU (for EUTMs) or in the member state where it is registered (for national marks), and use of the opposed mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark. No similarity of goods/services is required. This protects famous marks against dilution.
The terms used in this section (earlier right, relevant public, distinctive character, genuine use) are explained in our trademark glossary.
The GTC advantage: Whether you are filing or defending an opposition, our trademark opposition service provides strategic guidance and professional representation before EUIPO throughout the entire proceedings.
Filing an Opposition: Step by Step
Step 1: File the Notice of Opposition
Submit EUIPO's Form of Opposition within the 3-month window. The notice must include:
- Identification of the opposed EUTM application
- The earlier mark(s) relied upon
- The grounds for opposition (Article 8 provisions)
- The goods and services against which opposition is directed
Step 2: Pay the Opposition Fee
The opposition fee is EUR 320. This must be paid within the 3-month opposition period. If it is not, the opposition is deemed not filed.
Step 3: Cooling-Off Period
After the opposition is filed, EUIPO notifies both parties and opens a 2-month cooling-off period. This period can be extended, up to a total of 24 months, by joint request. The purpose is to allow the parties to negotiate a settlement without incurring further costs.
Many oppositions are resolved during cooling-off through:
- Coexistence agreements: both marks proceed with restrictions
- Voluntary withdrawal: the applicant withdraws the application
- Narrowing specifications: the applicant limits goods/services to remove overlap
Step 4: Adversarial Phase
If the cooling-off period expires without resolution, the adversarial phase begins. The opponent must submit evidence and arguments supporting the opposition. The applicant then has the opportunity to respond.
Step 5: Proof of Genuine Use
If the earlier mark has been registered for more than 5 years, the applicant can request that the opponent prove genuine use of the earlier mark in the EU for the goods/services relied upon. If the opponent cannot prove use, the opposition fails for those goods/services.
Defending Against an Opposition
If your EUTM application is opposed, you have several defense strategies:
1. Challenge the Similarity Assessment
Argue that the marks are not sufficiently similar visually, phonetically, or conceptually to create a likelihood of confusion.
2. Argue Goods/Services Dissimilarity
Demonstrate that the goods and services are in different Nice classes or different market sectors, reducing the likelihood of confusion.
3. Request Proof of Use
If the opponent's mark has been registered for more than 5 years, request proof of genuine use. The opponent must demonstrate real commercial use in the EU. Token use, or use in only a small part of the EU, may be insufficient.
4. Argue Coexistence
If both marks have coexisted in the marketplace without confusion, this can undermine the opponent's likelihood of confusion argument.
5. Negotiate a Settlement
Often the most practical approach. A coexistence agreement, territorial limitation, or specification narrowing can resolve the dispute without a formal decision.
Opposition Costs
| Cost Component | Amount |
|---|---|
| Opposition fee (paid to EUIPO) | EUR 320 |
| Professional representation (opponent) | Depends on the grounds, the evidence and whether proof of use is requested |
| Professional representation (applicant/defendant) | Same drivers as above |
| Cost award (to winning party) | Up to EUR 300 for representation costs |
EUIPO's cost awards are modest. They rarely cover actual professional fees, so each party typically bears most of its own costs regardless of outcome. Our fee for filing or defending an opposition is quoted up front on the trademark opposition service page once we have seen the marks and the grounds.
Possible Outcomes
- Opposition upheld: the EUTM application is refused (in whole or in part)
- Opposition rejected: the EUTM application proceeds to registration
- Partial decision: the application is refused for some goods/services and proceeds for others
- Settlement: the parties reach an agreement, and the opposition is withdrawn
Appeal
Either party can appeal an opposition decision to EUIPO's Board of Appeal within 2 months. The appeal fee is EUR 720. Board of Appeal decisions can be further appealed to the General Court of the European Union.
Strategic Considerations
- Monitor the EU Trade Marks Bulletin: a trademark monitoring service catches conflicting applications inside the 3-month window, when an opposition is cheapest. See also trademark monitoring and enforcement in the EU
- Settle during the cooling-off period: most settlements happen here, saving time and money
- Consider the strength of the earlier mark: highly distinctive or well-known marks have stronger opposition prospects
- Evaluate the commercial impact: sometimes coexistence is preferable to costly litigation
- Act quickly: the 3-month opposition window is strict and cannot be extended
For the full EU registration process that leads up to publication, see our European Union country guide.
Ready to File or Defend an EU Trademark Opposition?
Whether you need to challenge a conflicting application or defend your own EUTM against opposition, professional guidance through EUIPO proceedings is essential for a successful outcome.
Start with a free trademark check to understand the competitive landscape, or contact our trademark opposition team for expert representation before EUIPO.
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Frequently Asked Questions
How long is the EU trademark opposition period?
The opposition period is 3 months from the date the EUTM application is published in the EU Trade Marks Bulletin. This period cannot be extended.
How much does it cost to file an EU trademark opposition?
The EUIPO opposition fee is EUR 320. Professional representation is priced on the grounds and the evidence involved; we quote it before you commit.
Can I oppose an EU trademark based on a national mark?
Yes. Oppositions can be based on earlier national marks registered in any EU member state, earlier EUTMs, international registrations designating the EU, or well-known marks under the Paris Convention.
What is the cooling-off period?
A 2-month window (extendable to 24 months by joint agreement) after an opposition is filed, designed to allow the parties to negotiate a settlement before the adversarial phase begins.
What happens if the opponent cannot prove use of their earlier mark?
If the earlier mark has been registered for more than 5 years and the opponent cannot demonstrate genuine use in the EU for the relevant goods/services, the opposition is rejected for those goods/services.
Can I still register my mark if the opposition is partially upheld?
Yes. If the opposition is upheld for only some of the goods/services in your application, you can proceed with registration for the remaining goods/services that were not affected.
How long does the entire opposition process take?
From filing to decision, the process typically takes 12 to 24 months, depending on whether extensions are granted, whether proof of use is requested, and the complexity of the arguments.
