Trademark Opposition EU / Opposition against a European Union Trademark Application: Frequently Asked Questions (FAQ)
– The German Trademark Attorneys at FlatRateIP® have extensive Experience in EU Trademark Opposition Proceedings –
The Trademark Lawyers at FlatRateIP® (German Patent Attorney and German Lawer / Certified Intellectual Property Lawyer) possess extensive experience gained from numerous successful Union trademark oppositions in Germany – and we are ready to assist you as well!
We represent clients in two key scenarios:
- when you, as a trademark owner, intend to oppose a third-party European Union trademark application (not yet a trademark registration) (► filing an opposition against a EU trademark), and
- when you are defending your Union trademark against an opposition (► defending against a European Union trademark opposition)
In the following you will find a comprehensive FAQ section covering the opposition proceeding against European Union trademark applications.
► Feel free to contact us by email or phone to find out how we can help you!
General information about Trademark Opposition in the European Union
What is an opposition against a EU trademark? What is the trademark opposition procedure in the European Union?
An opposition against a EU trademark is a legal procedure in which a third party – typically the owner of an earlier right – challenges the application of a Union trademark. If the opponent believes that the applied-for European Union trademark is identical or similar to their earlier right and that a likelihood of confusion exists, they can file an opposition to have the EU trademark cancelled in whole or in part.
Who can file an opposition against my EU trademark registration in the European Union?
Anyone who holds an earlier right in a trademark or another older right may file an opposition against a later EU trademark registration.
When can I file an opposition against a Union trademark registration?
Oppositions may be filed within three months from the publication of the application of the EU trademark in the European Union Trademark Register.
What is the opposition deadline against a Union trademark registration? How long is the deadline for a trademark opposition in the European Union?
The opposition period is three months from the date of publication of the EU trademark application in the European Union Trademark Register of the EUIPO. Within this time frame, an opposition must be submitted.
What if the opposition deadline is missed?
An opposition filed after the deadline is inadmissible. However, other options remain, such as cancellation or invalidity proceedings. These alternatives are however more complex and more costly.
Where must the opposition against a Union trademark be filed? Where can I file the EU trademark opposition in the European Union?
The opposition must be filed at the European Union Intellectual Property Office (EUIPO) in Alicante.
What are the costs involved in a EU trademark opposition? How costly is the opposition against a Union trademark? What is the opposition fee for an opposition against a European Union trademark application?
The official opposition fee of the EUIPO is €320 for an opposition against a EU trademark (irrespective of the number of opposition reasons).
| Official Fee of the EUIPO against a European Union Trademark: | €320 |
These fees are payable directly to the European Union Intellectual Office (EUIPO) within the opposition period. In addition, legal fees will apply if you engage a specialized EU trademark attorney. At FlatRateIP®, we offer transparent and cost-effective flat-rate packages – we are happy to provide a quote once you let us know the specifics of your case.
Which documents and forms are needed to file an opposition against a European Union Trademark?
For an opposition against a European Union trademark you will need the official opposition form from the EUIPO, evidence of the earlier right(s) relied upon, and preferably a reasoned written submission outlining the legal and factual basis of the EU opposition.
A specialized European Union Trademark Lawyer (like a European Patent, Trademark and Design Attorney or German Trademark Lawyer) can help to prepare strong and persuasive legal reasons.
Can I file an opposition against a EU trademark without a lawyer?
Yes, if you have a residential or business address in the European Union, you may file an opposition against a EU trademark without legal representation. However, engaging an experienced trademark attorney can help you avoid costly mistakes and improve your chances of success.
Do I need a lawyer if an opposition has been filed against my European Union trademark?
If your EU trademark has a valid correspondence address in the European Union, you may defend the case yourself. However, retaining a specialized EU Trademark Attorney (such as a German Patent Lawyer or an Intellectual Property Lawyer) is often advisable due to the complexity and strategic considerations involved.
► Feel free to contact us by email or phone to find out how we can help you!
Opposition reasons in European Union Trademark Law for an Opposition against a German trademark
On what grounds can an opposition be filed against a EU trademark? Which opposition reasons exist in a Union trademark opposition proceeding?
The primary opposition ground is the existence of a likelihood of confusion between the earlier and the contested sign, including:
- identical or similar trade marks,
- overlapping or similar goods and services.
What can an opposition against a EU trademark be based on?
An opposition against a EU trademark / European Union trademark may be based on:
- earlier registered trademarks,
- unregistered trademarks in use,
- company signs,
- titles of work / work titles,
- protected geographical indications, and
- protected designations of origin.
Can I oppose a EU trademark (EUTM) based on a German trademark?
Yes, you can file an opposition in the European Union based on an earlier German trademark.
Can I oppose a German trademark?
Yes, but note: an opposition to a German trademark must be filed with the German Patent and Trademark Office in Munich (DPME / GPTO), and it must be submitted after the German trademark is registered. The procedure and legal framework differ significantly from a European Union opposition.
Can multiple oppositions be filed against a single EU trademark?
Yes. Multiple parties may file separate oppositions against European Union trademarks, or a single party may base an opposition on multiple earlier rights.
Can I oppose multiple Union trademarks simultaneously?
Yes, but a separate opposition must be filed for each EU trademark – there is no common procedure.
Do I have to oppose all goods and services covered by a EU trademark?
No. You may also target only specific goods or services in particular classes. The opposition does not need to cover the entire list of goods and services of the challenged European Union trademark.
► Feel free to contact us by email or phone to find out how we can help you!
Opposition Proceedings before the European Union Intellectual Property Office (EUIPO)
How does the trademark opposition proceeding work in the European Union? What is the EU opposition procedure?
After filing of the EU opposition with payment of the official fees at the EUIPO, the Trademark Office checks the formal requirements and notifies the trademark owner of the opposition. The owner is invited to respond (typically within 2 months). After that both sides may submit further statements and evidence. The German Patent and Trademark Office finally decides whether the opposition is upheld and whether the trademark will be cancelled in whole or in part.
Timeline of the opposition process at the EUIPO:
| Step | Proceeding | Approximate Time |
| Pre-Phase | EU trademark examined, (ideally) published | ~1 month |
| 1 | After the publication third parties can file an opposition at the EUIPO during the opposition period of 3 months | 3 months |
| 2 | After submission of opposition and payment of opposition fee, the opposition is examined and forwarded to trademark owner | In short notice |
| 3 | If legally permitted, notification of deadlines | |
| 4 | Cooling-Off Term | 2 months |
| 5 | Opponent can file reasons for opposition | 2 months |
| 6 | Owner’s reply deadline | 2 months |
| 7 | Further statements from both parties possible | 2 months each |
| 8 | Final decision by the EUIPO | – |
What does the EUIPO examine in an opposition proceeding against a European Union trademark?
The European Union Intellectual Property Office (EUIPO) checks:
- Formal requirements (e.g. timely filing, fees paid),
- whether a valid earlier right is invoked, and
- whether a likelihood of confusion exists between the marks.
What should I do if an opposition is filed against my Union trademark? How should I react if there is in opposition against my EU trademark registration in the European Union?
There are various options how to react to an opposition against your Union trademark:
- Analyze the opposition notice carefully, ideally with an IP specialist
- Consider whether to negotiate a settlement with the opponent to find an amicable solution
- Submit a formal reply within the deadline to argue against the opposition
- You may also choose not to respond and wait for the decision – but this is usually not recommendable
How can I defend my EU trademark against an opposition in the European Union? Which counter arguments exist in an EU opposition proceeding?
Possible counter arguments as defense against a Union trademark opposition include:
- No likelihood of confusion (based on sound, appearance, meaning),
- Clear differences in goods/services,
- (In certain cases:) Non-use defense, arguing that the opponent has not sufficiently used their earlier trademark.
The goal is to persuade the EUIPO that a coexistence is legally permissible. A specialist European Trademark Attorney can assist you in formulating the best response.
Can I as opponent withdraw my opposition?
Yes, the opponent may withdraw the opposition at any time, e.g. following a settlement.
Will my opposition against a European Union trademark be successful?
It depends on various factors if your opposition against a European Union trademark will be successful, e.g.:
- identity / similarity of the fronting signs,
- identity / similarity of fronting goods/services,
- distinctiveness of the earlier mark,
- possible non-use defense, etc.
What happens if the opposition against my EU trademark is successful? What are the consequences, if the opposition proceeding against a Union Trademark is successful?
In case of a successful opposition against a European Union trademark, the contested EU trademark will be cancelled in whole or in part. However, the losing party may appeal the decision.
What happens if the opposition against a European Union Trademark is rejected?
If an opposition against a European Union Trademark is rejected, the EU trademark remains valid. The opponent may still challenge this decision by filing an appeal.
Can I appeal the EUIPO’s opposition decision?
Yes. Legal remedies against an opposition are possible and you can appeal the decision of the EUIPO.
Is there a cost decision in a EU trademark opposition? Who bears the costs of a trademark opposition proceeding in the European Union?
Yes, there is a decision on costs for an opposition against an EU trademark and the unsuccessful party has to pay the successful party a lump sum of 300 Euros as a rule. If the opposing party wins, then the opposition fee of 320 Euros must also be reimbursed.
What are the legal fees for representation in a EU trademark opposition proceeding? With which lawyer’s fees should be calculated in an opposition proceeding against a European Union trademark?
Legal costs vary depending on the complexity of the case. At FlatRateIP®, we offer attractive fixed-fee models for various stages of the opposition against a European Union trademark. Feel free to request a quote after providing case details.
Contact Our German Patent and Intellectual Property Law Firm Today to Discuss Your Trademark Opposition in the European Union!
FlatRateIP® is here to assist you — whether you are a sole applicant, startup, SME or large corporation — in enforcing or defending trademark rights in the European Union through opposition proceedings.
Contact us today by email or phone to discuss your specific case and receive tailored advice from our experienced German Patent and Trademark Law Professionals.
► Feel free to contact us by email or phone to find out how we can help you!