Can I make the opponent prove it uses its mark?

Yes, if its earlier mark had been registered for at least 5 years on your filing or priority date. Ask in your first reply, in a separate document and without conditions.

Can we try mediation instead of a decision?

Yes, if both sides agree. The EUIPO Mediation Centre offers mediation at no extra cost when it runs online or at EUIPO in Alicante.

How common are oppositions against EU applications?

EUIPO says about 1 in 5 EU trade mark applications are opposed.

What happens to costs if we settle during cooling-off?

If the case ends by agreement in cooling-off, neither side is ordered to pay costs. If the deal is a restriction or withdrawal of the application, EUIPO refunds the opposition fee to the opponent.

Which language will the case run in?

It runs in one of EUIPO's five languages that is also one of the two languages given in the application. All filings must be in that language or translated into it.

How long do I have to respond to an European Union Notice of Opposition?

Nothing is due straight away. EUIPO first sends a calendar of deadlines and a 2-month cooling-off period starts, which both sides can jointly extend to 24 months in total. If there is no settlement, the opponent has 2 months to complete its case. EUIPO then forwards its evidence to you, and you have 2 months to file your observations.

Opposition defence · EUIPO

Your EU trademark was opposed. Settle or defend it.

EUIPO gives both sides 2 months to settle first. A deal then means no costs award.

Defend My Mark

Questions first? Ask our attorney.

Defence from $1,000, confirmed in writing after a free review.

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GTC attorney preparing a European Union opposition defence

10+ years

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Before you start

Is this your situation?

Your EU application was opposedWe use the cooling-off to settle where it makes sense, then file your observations.Defend My Mark
Your Madrid mark covers the EUIt can be opposed at EUIPO like an EU filing. The defence runs the same way.Defend My Mark
You want to stop another markOppose it within 3 months of its publication in the EU Trade Marks Bulletin.See Opposition Filing

How pricing works

A flat fee, agreed before any work.

1
Free review

Send the notice. Our attorney reads the grounds and tells you where you stand.
2
A fixed price in writing

Defence starts from $1,000. You get the fixed price for your reply before any work begins. Later rounds are quoted the same way.
3
Office fees at cost

Any EUIPO fees are passed through at cost, itemised before you pay.

The first flat fee covers

Notice of Opposition triage. Read the grounds, identify the senior right, scope the defence
Cooling-off period management (where EUIPO Opposition Division allows). Explore coexistence
Answer / Counter-Statement drafted to the tribunal's pleading rules
Evidence package: use specimens, market data, prior-registration certificates, expert declarations
Tribunal filing via the EUIPO portal with deadline management
Adverse-decision strategy: appeal to the relevant appellate forum if needed

Know the rules

How oppositions run at the EUIPO.

EU applications opposed, per EUIPO: 1 in 5
To file your defence at EUIPO: No fee
Cap on the representation costs the loser pays: €300
The case runs in one: EN, FR, DE, IT or ES: 5 languages

1

Notice of opposition

Filed within 3 months of publication. EUIPO checks it is admissible first.
2

Cooling-off to settle

2 months to talk, jointly extendable to 24. A deal here means no costs.
3

Written rounds

The opponent files its evidence. You reply and may demand proof of use.
4

Decision and appeal

The Opposition Division decides. Appeal within 2 months to the Boards of Appeal.

Key dates

3 months after publication

Opposition period closes
2 months

Cooling-off, settle with no costs
Up to 24 months

If both sides extend
+2 months

Opponent completes its case
+2 months

Your observations due
2 months after decision

Notice of appeal, €720

Your deadlines

Your situation

Date of EUIPO's admissibility notice

An estimate. EUIPO sends a calendar with the exact dates, and we confirm them from it.

Pick a date to see your own deadlines.

What you need

EUIPO's notice and deadline calendar
Your EU application number
Goods you could drop to settle
Evidence of coexistence or earlier use

Common mistake

Burying the proof-of-use request

It must be unconditional and in a separate document, or it does not count.

Common mistake

Skipping the cooling-off

A deal here avoids costs. Restrict or withdraw, and the opponent's fee is refunded.

Grounds an opponent can use

Article 8(1)(a) Identical mark / identical goods
Article 8(1)(b) Likelihood of confusion
Article 8(5) Reputation / dilution

Official sources (7)

The team on your file

Your attorney, and a team behind every step.

Our attorney handles the cooling-off talks and files your observations with the EUIPO. Your account team tracks every date in the calendar.

Your Account Manager

Your day-to-day contact. Knows your file, so every conversation starts where the last one ended.
Your Senior Account Manager

Senior oversight on strategy and anything that escalates, so nothing important slips.

Lead attorney

Petyo Petkov

EU Attorney

EUIPO professional representative

View profile

The wider GTC team

Attorneys and legal specialists supporting your matter.

Meet our team

In their words

Rajat has expertly guided me through the process of registering my company in the USA, Canada, UK, Australia, New Zealand, and more. Currently, he is safeguarding my business interests on a global scale. His dedication and expertise are unmatched.

Darius Tay, Indonesia

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EU opposition questions

What owners ask when an EU mark is opposed.

Normally the losing side pays the winner's €320 opposition fee and up to €300 toward representation. If each side wins in part, EUIPO can split the costs. A deal in cooling-off means no costs order.