Opposition
The OHIM carries out partial search for earlier trademarks however does not examine them. Since existence of earlier similar mark may constitute relative ground for refusal, the holder of the earlier trademark may hinder the registration. The opposition is provided therefore. It can be submitted within 3 months after the day of publication of the CTM application. This publication should be observed by the holder. Trademark watching helps this monitoring. Generally after 5 years from the registration proof for the use of the earlier mark may be requested in connection with goods/services the opposition is based upon.
The following considered as an earlier right:- an earlier CTM or a CTM application;
- an earlier national trademark or a national trademark application filed or registered in a Member State of the European Union;
- an international registration under the Madrid Agreement or the Madrid Protocol with effect in at least one of the Member States of the European Union;
- a non registered mark or another sign used in the course of trade of more than mere local significance valid in a Member State;
- a trademark which is well-known in one of the Member States.
The CTM application or the CTM will be refused on the basis of an earlier mark:
- earlier identical or similar trademark with identical or similar list of goods exists and at similarity there is a likelihood of confusion on part of the public;
- trademark application was filed by an unauthorized agent;
- in cases if member states entitle the owner of earlier non registered mark to file opposition;
- in respect of different list of goods a well known identical or similar trademark exists and the use of the trademark would result unfair benefits.
Opposition Guidelines at trademark.eu
